1. Subject matter and scope of these Terms of Use

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

2. Our services

(1) We provide you with access to the internet in the form of Wi-Fi access (“hotspot”) at our premises for your use free of charge.

(2) The provision of the hotspot is subject to our respective technical and operational capabilities. There is no entitlement to a functional hotspot or a specific local coverage of the hotspot.

(3) Furthermore, we do not guarantee that the hotspot can be used without disruption or interruption. We also cannot 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 use certain services via the hotspot. In particular, port blocking may be implemented. As a rule, surfing the internet and sending and receiving emails is possible.

3. Access and use

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

(2) A prerequisite for use is that you accept the validity of these Terms of Use at the beginning of your use of the hotspot. This is usually done by selecting the hotspot as a Wi-Fi network on your device, which will then take you to a welcome page.

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

(4) The current version of these Terms of Use, which is made available to you when you register for the hotspot, applies.

4. Access data

(1) If you have provided login details (such as username, password, email, etc.) during registration, you must keep these confidential and 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 that give reason to believe that unauthorised third parties have gained or will gain knowledge of your access data, you must inform us immediately.

(3) As a user, you are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

5. Your obligations as a user

(1) You are obliged to provide truthful information about yourself when using the service.

(2) You are obliged to comply with the applicable laws 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 services

As our services are provided free of charge, you have no right to use the hotspot. However, we endeavour to ensure that the hotspot is available for use without interruption as far 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 violate the principles of youth protection. In particular, the following actions are prohibited:

• posting, distributing, offering and advertising pornographic content, services and/or products as well as content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
• publishing or making available content that insults or defames other participants or third parties;
• using, providing and distributing content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so;
• making copyright-protected works publicly available or other acts that infringe copyright, in particular when using so-called “internet file-sharing networks” or file-sharing services.

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

• the transfer of above-average amounts of data and, in particular, the continuous transfer of such amounts 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 emails and chain letters;
• distributing viruses, Trojans and other harmful files;
• distributing salacious, offensive, sexually explicit, obscene or defamatory content or communication, as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or illegal activities (either explicitly or implicitly);
• asking other users or third parties to disclose passwords or personal data for commercial or illegal purposes.

Any action that could impair the smooth operation of our hotspot, in particular placing a disproportionately high load on our systems, is also prohibited.

9. Blocking of access

We may temporarily or permanently block your access to the hotspot 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 any other legitimate interest in blocking your access.

10. Indemnification

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

(2) You shall indemnify us against all claims asserted against us by third parties due to a violation by the user of legal regulations, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, representations or warranties, including the costs of the necessary legal defence (legal and court fees in the statutory amount) upon first request.

(3) In the event of claims being asserted within the meaning of Section 10 (2), you are obliged to cooperate immediately and fully in clarifying the facts and to provide us with the necessary information in an appropriate manner.

11. Limitation of liability

(1) We shall be liable without limitation for all damages caused by us in cases of intent or gross negligence.

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

(3) Otherwise, we shall only be liable if we have breached a material contractual obligation. Material contractual obligations are defined abstractly as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In such cases, liability shall be limited to compensation for foreseeable, typically occurring damage.

(4) Insofar as our liability is excluded or limited in accordance with 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 shall ensure that your personal data is only collected, stored and processed to the extent necessary for the contractual provision of services and permitted by statutory provisions or required by law.

(2) In the event that declarations of consent under data protection law are obtained from you in connection with the use of our services, please note that you can revoke these at any time with effect for the future.

(3) In order to provide you with the hotspot services, it is necessary to use personal data from your device. In this context, the MAC addresses of devices may also be temporarily stored. Furthermore, we may store log data (“log files”) on the type and scope of use of the services for seven days. This data cannot be directly attributed to you personally.

13. Final provisions

(1) The law of the Federal Republic of Germany applies to these Terms of Use, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be 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 shall not affect the validity of the remaining provisions.