Guest Wi-Fi Terms of Use

1. Subject matter and scope of these terms of use

These terms of use govern your rights and obligations and ours in connection with the use of our guest Wi-Fi access.

2. Our services

(1) We provide you with internet access on our premises in the form of Wi-Fi access (a “hotspot”) free of charge.

(2) Provision of the hotspot depends on our respective technical and operational capabilities. There is no entitlement to a functioning hotspot or to any particular local coverage of the hotspot.

(3) We further do not warrant that the hotspot can be used without faults or interruptions. Nor can we guarantee any transmission speeds.

(4) We reserve the right to change, restrict or discontinue access to the hotspot without prior notice in the event of necessary technical repair and maintenance work.

(5) There is no entitlement to being able to use particular services over the hotspot. In particular, ports may be blocked. As a rule, browsing the internet and sending and receiving email are made possible.

3. Access and use

(1) We offer our guest Wi-Fi only to visitors of our company. It is not a publicly available telecommunications service, but an internal Wi-Fi network for guests of our company.

(2) Use is subject to your registering for use of the hotspot beforehand and/or accepting these terms of use at the start of using the hotspot. When the hotspot is selected as the Wi-Fi network on your device, this is usually done via a registration form or a welcome page that then becomes available.

(3) There is no entitlement to use of the hotspot. We are free to restrict or discontinue access to the hotspot at any time without giving reasons.

(4) The respective current version of these terms of use applies; it is made available to you when you log in to the hotspot.

4. Access credentials

(1) Where you have provided login data in the course of registration (such as user name, password, email address, etc.), you must keep these secret and must not make them accessible to unauthorised third parties.

(2) If you have received registration data, you must ensure that access to and use of the hotspot with your user data is carried out exclusively by you as the user. If there are facts giving rise to the assumption that unauthorised third parties have obtained or will obtain knowledge of your credentials, you must inform us without delay.

(3) As a user you are liable under the statutory provisions for any use and/or other activity carried out under your credentials.

5. Your obligations as a user

(1) You are obliged to give truthful information about yourself where such information is provided in the course of using the service.

(2) You are obliged to comply with applicable law when using our hotspot.

(3) Further obligations arising from other provisions of these terms of use remain unaffected.

6. Prices

The service is provided free of charge.

7. Availability of the services

As our services are provided free of charge, you have no entitlement to use of the hotspot. We do, however, endeavour to keep the hotspot usable with as few interruptions as possible.

8. Prohibited actions

As a user you are prohibited from any actions when using the hotspot that violate applicable law, infringe the rights of third parties or contravene the principles of the protection of minors. In particular, the following actions are prohibited:

• posting, distributing, offering and advertising pornographic content, services and/or products, or content, services and/or products violating laws on the protection of minors, data protection law and/or other law, and/or fraudulent content, services and/or products;
• publishing or making accessible content by which other participants or third parties are insulted or defamed;
• using, providing and distributing content, services and/or products that are protected by law or encumbered with third-party rights (for example copyright) without being expressly entitled to do so;
• making copyright-protected works publicly accessible or other acts infringing copyright, in particular when using so-called “internet file-sharing networks” or file-sharing services.

Furthermore, irrespective of any possible violation of the law, the following activities are prohibited when posting your own content on the service provider’s website and when communicating with other users (for example by sending personal messages, by participating in discussion forums, etc.):

• transmitting above-average volumes of data, and in particular the sustained transmission of such volumes of data;
• hosting a web server or other servers by using a hotspot of the service provider;
• changing the specified DNS servers in the network settings of the service provider’s hotspot;
• sending junk or spam mail as well as chain letters;
• distributing viruses, trojans and other harmful files;
• distributing suggestive, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication capable of promoting or supporting racism, fanaticism, hatred, physical violence or unlawful acts (whether explicitly or implicitly);
• calling on other users or third parties to disclose passwords or personal data for commercial or unlawful purposes.

Also prohibited is any action capable of impairing the smooth operation of our hotspot, in particular placing a disproportionately high load on our systems.

9. Blocking of access

We may block your access to the hotspot temporarily or permanently at any time if there are concrete indications that you are violating or have violated these terms of use and/or applicable law, or if we have another legitimate interest in blocking access.

10. Indemnification

(1) As a user you are yourself responsible for all actions you take in connection with using the internet via our hotspot.

(2) You shall indemnify us on first demand against all claims asserted against us by third parties due to a user’s violation of statutory provisions, of third-party rights (in particular personality, copyright and trademark rights) or of contractual obligations, assurances or guarantees, including the costs of the necessary legal defence (lawyers’ and court fees at the statutory rates).

(3) In the event of claims within the meaning of clause 10 paragraph 2 being asserted, you are obliged to cooperate without delay and in full in establishing the facts and to make the necessary information available to us in a suitable manner.

11. Limitation of liability

(1) In the case of intent or gross negligence we are liable without limitation for all damage caused by us.

(2) In the case of slight negligence we are liable without limitation in the event of injury to life, limb or health.

(3) Otherwise we are only liable insofar as we have breached a material contractual obligation. Material contractual obligations are, in the abstract, those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In such cases liability is limited to compensation for the foreseeable damage typically occurring.

(4) Insofar as our liability is excluded or limited under the above provisions, this also applies to our vicarious agents.

(5) Liability under the German Product Liability Act remains unaffected.

12. Data protection

(1) We ensure that your personal data are only collected, stored and processed insofar as this is necessary for the contractual provision of services and permitted by statutory provisions, or ordered by the legislator.

(2) In the event that data protection consent declarations are obtained from you in the course of using our services, please note that you may withdraw these at any time with effect for the future.

(3) In order to provide the hotspot services to you, the use of personal data of your device is required. In this context the MAC addresses of devices may also be stored temporarily. We may also store log data (“log files”) on the type and extent of use of the services for 7 days. These data cannot be attributed directly to you as a person.

13. Final provisions

(1) The law of the Federal Republic of Germany applies, with the applicability of the UN Convention on Contracts for the International Sale of Goods being excluded.

(2) If you are a merchant, a legal person under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

(3) Should individual provisions of these terms of use be or become invalid, this does not affect the validity of the remaining provisions.