The Fanmiles Fan Loyalty Platform provided by Fanmiles GmbH, Bahnhofspl. 6, 56410 Montabaur ("Fanmiles") rewards the users of the platform ("Fans") for their loyalty and interaction in the areas of sports, music, gaming, TV, film and entertainment. The "Fanmiles" received for this purpose can be redeemed for attractive rewards from participating partners. In order to participate in the Fanmiles Fan Loyalty Platform, the following conditions of participation apply:
1. Scope of application
1. The business relationship between Fanmiles and the fan is governed exclusively by the following General Terms and Conditions ("GTC"), unless otherwise expressly agreed in an individual contract.
2. The offer is aimed at consumers. For the purposes of these terms and conditions, a consumer is any natural person who enters into a contract for a purpose that is neither commercial nor self-employed (§ 13 BGB).
1. Participation in the Fanmiles Fan Loyalty Platform takes place by providing the fan's e-mail address, telephone number or alternatively by means of a social media login, by sending the application for registration by the fan and its acceptance by Fanmiles. The acceptance of the respective application can be made by a separate declaration or directly by activating access to the Fanmiles Fan-Loyalty Platform. Fanmiles has the right to reject the application to participate in the Fanmiles Fan-Loyalty Platform without giving reasons.
2. The fan has the opportunity to view his previous activities and his current account status at any time.
3. Multiple registration of a fan under different names on the Fanmiles Fan-Loyalty Platform is not permitted.
4. The fan must provide truthful information at each registration and be at least 16 years old. The participation is free of charge.
5. The fan must ensure that the information provided when registering on the Fanmiles Fan Loyalty Platform is correct, complete and up to date, and must notify Fanmiles of any changes immediately via his account. Until such a change or notification, Fanmiles is entitled - but not obliged - to use the previous personal data.
6. The use of the Fanmiles Fan Loyalty Platform is free of charge for the fan. Any fees for his own internet and/or telephone connection are to be paid by the fan.
7. There is no legal claim to admission to participate in Fanmiles. The operators can refuse the admission to the participation of Fanmiles without giving reasons.
1. Fanmiles are issued by our partners for various interactions (e.g. for the purchase of a product) On the Fanmiles Fan-Loyailty platform the received Fanmiles are collected and kept for the fan.
2. The Fanmiles issued within the Fanmiles Fan-Loyalty Platform can only be purchased and redeemed through the channels authorised by us.
3. If Fanmiles are granted as a reward for an interaction (e.g. for the purchase of a product), we are entitled to credit them only when the interaction of the buyer cannot be reversed (i.e. after the expiry of the right of withdrawal for consumers). If we should credit the Fan Miles early, we are entitled to block them against use and, if necessary, to delete them again if the interaction is reversed for reasons for which the buyer is responsible.
4. Vouchers for Fanmiles can only be redeemed within the specified validity date and only by the recipient of the voucher via the Fanmiles Fan Loyalty Platform website.
5. Fanmiles as well as vouchers for them cannot be transferred to third parties unless we grant a corresponding possibility. The sale of Fanmiles or any other form of sale to third parties without the consent of Fanmiles is not permitted.
6. For the collection of fanmiles, it is in particular not permitted to set up email or social media accounts (e.g. Facebook, Twitter) under false names, which are operated by or on behalf of the respective fan (so-called fake accounts) or to use automated procedures which do not correspond to the character of the respective action and in particular serve to gain an advantage of the collection over other participants (e.g. use of automated scripts to carry out certain actions).
7. A cash payment of fan miles is excluded.
8. If awards can be exchanged on the Fanmiles Fan Loyalty Platform for Fanmiles from other bonus programmes or comparable bonus points, the same regulations apply to these as to the Fanmiles Fan Loyalty Platform.
4. Premiums, right of withdrawal and return costs
1. The selection of the awards offered through the Fanmiles Fan Loyalty Platform and the determination of the Fanmiles required to redeem an award are at the discretion of Fanmiles and our respective partners.
2. Additional conditions and, if necessary, additional conditions can be set for the purchase of a reward.
The Partner will refer to these in the description of the offer on the partner page from which the respective award can be obtained.
3. Awards that were acquired by means of misused Fanmiles from the Fanmiles Fan Loyalty Platform must be returned to Fanmiles by the Fan at his own expense. This does not affect the right of Fanmiles to assert claims for damages.
4. Fanmiles do not have a right of revocation with regard to the ordered awards. The purchase of awards is made directly through the respective partner who has his own partner page on the Fanmiles Fan Loyalty Platform. The corresponding contractual relationship for the award (purchase contract) is therefore established with the partner and not with Fanmiles. Within the framework of this contractual relationship, a consumer has a right of withdrawal according to the rules of distance selling law, about which he/she must be informed by the respective partner. In the event that the fan, after ordering a bonus from a partner, makes use of his right of revocation for consumers in due time, the Fan Miles spent for this purpose will be credited back to the fan's user account after successful completion of the revocation.
5. If a partner becomes insolvent and is no longer able to deliver the ordered bonus, the redeemed Fan Miles will be credited.
6. The following applies to consumers with regard to the use of the Fanmiles Fan Loyalty Platform and the usage agreement concluded between the Fan and Fanmiles:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Fanmiles GmbH, Kemerplatz 1, 10785 Berlin; firstname.lastname@example.org by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the service should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided for in the Agreement.
Sample Cancellation Form
If you want to revoke the contract, you can use the following sample revocation form:
- I/we hereby revoke the contract concluded by me/us for the provision of the following service:
- Ordered on:
- Name of consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only in case of paper notification)
5. Obligations of the fans, exemption obligation
1. The Fanmiles Fan Loyalty Platform is made available exclusively for private use by fans. Any use of the Fanmiles platform for commercial purposes, in particular for obtaining data about other fans, is not permitted without the consent of Fanmiles.
2. The fan's passwords must be kept secret by the fan and may not be made available to third parties. The sharing of a registration on the Fanmiles Fan Loyalty Platform between different persons and thus the joint collection of Fanmiles is not permitted, unless the Fanmiles Platform allows joint collection.
3. The Fanmiles fan loyalty platform may not be misused by the fan for spamming activities, unauthorised data manipulation and/or cyber attacks. At the same time, the fan shall indemnify Fanmiles against all damages, claims by third parties, expenses and costs incurred by Fanmiles as a result of such activity on the part of the fan. Further contractual and legal rights and claims on the part of Fanmiles are reserved.
6. Rights to the services of the Fanmiles Fan Loyalty Platform
1. The fan acquires only those rights to the copyrighted content and services of the Fanmiles Fan Loyalty Platform that are necessary for the provision and, if applicable, use of the services owed to him.
2. Names, trademarks or other industrial property rights, copyrights and related rights used within the Fanmiles platform are used under licence. The fan does not acquire any independent rights to these.
7. Redemption and deletion of Fanmiles
1. The redemption of Fanmiles is based on priority, i.e. the first Fanmiles acquired are redeemed first.
2. Fanmiles reserves the right to delete the collected Fanmiles from the Fanmiles Fan Loyalty Platform after 24 months of inactivity (means no acquisition or redemption of Fanmiles) and thus set the Fanmiles collected to 0.
1. Fanmiles is not liable for the conclusion of the contract or for the resulting contractual relationship between the fan and the partner.
2. Fanmiles is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty. in the case of a breach of a guarantee - to be expressly designated as such - as well as according to the Product Liability Act. In cases of simple negligence, Fanmiles is only liable for property damage and financial loss in the event of a breach of an essential contractual obligation. An essential contractual obligation is an obligation, the fulfilment of which makes the execution of the contract possible in the first place and on the fulfilment of which the fan may therefore regularly rely. In this case, the liability is limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract. Otherwise, the liability of Fanmiles is excluded.
3. The limitations of liability apply accordingly in favour of the legal representatives, employees, agents, assistants and vicarious agents of Fanmiles.
4. The liability limitations and exclusions of liability according to this paragraph 8 do not affect the liability of Fanmiles according to the mandatory legal regulations of the Product Liability Act, due to fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item.
9. Availability of the Fanmiles fan loyalty platform
1. There is expressly no legal entitlement on the part of the fan to permanent and continuous availability of the Fanmiles Fan Loyalty Platform.
2. Fanmiles will ensure the smoothest possible and continuous availability of the Fanmiles Fan Loyalty Platform, taking into account the technical possibilities. If maintenance work is necessary and the Fanmiles Fan Loyalty Platform is therefore not available, Fanmiles will inform the Fan in good time if possible. Fanmiles does not accept any responsibility for internet/network-related downtimes and especially for downtimes during which the platform cannot be accessed via the internet due to technical or other problems which are beyond the control of Fanmiles (e.g. force majeure, fault of third parties, etc.).
10. Data protection
2. After the consent of the fan, the fan's data will be used for advertising and market research purposes. Use for advertising purposes means, for example, that suitable promotional offers are selected for the fan based on your data. Market research purposes means e.g. the determination of criteria on the basis of which such a selection of offers should be made; this is done by evaluating data to identify patterns in usage and purchasing behaviour.
3. If the fan has given his/her consent to the processing of his/her data for advertising and market research purposes, partner companies and Fanmiles may, depending on the consent given, send advertising to the fan by post, e-mail or SMS that is geared to the individual interests. In this context, inventory data, voluntary data of the fan and data on purchases made and activities of the fan may be processed.
You can revoke your consent at any time, e.g. by e-mail to email@example.com or in writing to Fanmiles GmbH, Kemerplatz 1A, 10785 Berlin. The partner company concerned will be informed by Fanmiles GmbH about the revocation. If the fan has not declared or revoked his or her consent, the data will not be used in accordance with the above paragraph. The fan can also participate in the Fanmiles Fan Loyalty Platform without the consent. The fan will then only receive the information required for the platform. A revocation does not affect the legality of the data processing that took place until the revocation based on the consent.
4. If the fan gives his or her consent to advertising and market research and therefore wishes to receive advertising, Fanmiles and the partner companies will also process the fan's data for advertising planning and success control: In order to control the success of a particular advertisement and to be able to better plan future advertising measures, Fanmiles and the advertising partner companies will compare the purchasing behaviour of recipients and non-recipients of the advertisement. For this purpose, Fanmiles can transmit the customer number and information whether the fan has received a certain advertisement or not to the partner company concerned.
11. Term and cancellation
1. The fan can cancel his registration on fanmiles.com at any time without giving reasons. The cancellation can be made by email to firstname.lastname@example.org, via our chat function or by letter.
2. Fanmiles.com can cancel the registration of a fan with a notice period of 3 months in text form to the last email address of the fan stored in the account. The platform as a whole can be discontinued with the same notice period.
3. A fan's fan miles credit expires when the termination and/or discontinuation of the platform takes effect.
4. The right to terminate without notice for good cause remains unaffected. Important reasons are in particular
- a culpable breach by the fan of his or her contractual obligations under sections 2.3, 3.6 and 6.1 of these Conditions of Participation
- a registration by a fan using more than insignificantly false information;
- a multiple registration of a fan as well as the sharing of a registration between several persons.
12. Changes and amendments to these Conditions of Participation
1. These terms and conditions of participation can be changed with effect for the future, if the fan is informed about the changes in text form before the changes take effect and he has the possibility to object to the changes within at least four weeks after receipt of the information. The changes may only become effective after the expiry of the objection period, unless there are compelling legal reasons to the contrary. In particular, approval of the changes is deemed to have been given if the fan continues to use the services of the Fanmiles Fan Loyalty Platform after the expiry of the objection period.
2. If a fan objects to the changes, this also constitutes his ordinary termination of his membership of the Fanmiles Fan Loyalty Platform.
3. These conditions of participation can be supplemented or modified by additional conditions of participation. However, these additional conditions of participation only become binding with the consent of the respective fan. Consent will be granted as described in paragraph 11.1.
13. Choice of law, consumer without domestic place of jurisdiction
1) German law shall apply exclusively to the exclusion of the mandatory international private law and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
2) In the event that the fan does not have a general place of jurisdiction in Germany, Berlin is agreed as the place of jurisdiction. This also applies if the fan moves his residence abroad after registration or if this is not known at the time of filing a suit. Mandatory legal regulations for the protection of consumers remain unaffected.
14. Final clauses
1. Should individual provisions of these conditions of participation be or become invalid, the validity of the remaining provisions shall not be affected.
2. We are obliged to inform you that with regard to the so-called Online Dispute Resolution by the European Commission a corresponding online platform is provided. You can access this platform under the following link: https://ec.europa.eu/consumers/odr/. In this context we are also obliged to inform you of our e-mail address. This is: email@example.com.
3. We always try to clarify any possible disagreements with the fan regarding existing contracts by mutual agreement. However, we would like to point out to the fan that we are not obliged to take part in a consumer arbitration procedure (according to the CDBG) and unfortunately we do not offer the fans the participation in such a procedure.