Terms of use of Gäste – WLAN

1. Subject and scope of these terms of use.

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

2. Our services

(1) We provide access to the internet in all rooms in the form of WLAN access (Hotspot) for free use.

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

(3) We cannot guarantee that the hotspot can be used with or without disruption. We cannot guarantee 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 claim that certain services can be used via the hotspot. In particular, port blocks can be carried out. Typically, this allows surfing the internet and sending/receiving emails.

3. Access and Use

(1) We only offer our guest Wi-Fi to visitors of our accommodation. This is not a publicly accessible telecommunications service, rather an internal WLAN for guests of our premises.

(2) The prerequisite for use is that you previously register to use the hotspot and/or accept the validity of these terms of use at the start of using the hotspot.  If you select the hotspot as a WLAN network, then this can be usually done via a registration form or a welcome page that can then be accessed.

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

(4)  The current version of these terms of use applies, which can be accessed when you register for the hotspot.

4. Data access

(1) Should you registered, providing data (such as username, password, email, etc), you must keep these private and not make this information accessible to unauthorised third parties.

(2) Should you have registration data, you must ensure that access and use of the hotspot is exclusively done with your user data. In case of an unauthorised third-party gaining access to your data, you must inform us immediately.

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

5. Obligations as user

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

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

Since our services are provided free of charge, you are not entitled to the hotspot. However, we strive to ensure that the hotspot can be used as uninterrupted as possible.

8. Prohibited actions

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

• The posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection law and/or other laws and/or fraudulent content;
• Publishing or making available content that insults or defames other participants or third parties;
• the use, provision and distribution of content, services and/or products that are protected by law or subject to third-party rights (e.g. copyrights) without express authorization to do so;
• making works protected by copyright available to the public or other acts that violate copyright law, particularly when using so-called “Internet file-sharing platforms” or file-sharing services.

Furthermore, regardless 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 (e.g. by sending personal messages, participating in discussion forums, etc.):

• the transmission of above-average amounts of data and in particular the sustained transmission of such amounts of data;
• hosting a web server or other servers using a hotspot of the service provider;
• changing the default DNS servers in the network settings of the service provider's hotspot;
• sending junk or spam emails and chain letters;
• the distribution of viruses, Trojan horses and other malicious files;
• the distribution of suggestive, indecent, sexually oriented, 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 unlawful acts (in each case explicitly or implicitly);
• soliciting other users or third parties to disclose passwords or personal information for commercial or unlawful purposes.

Any action that is likely to 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 can 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 another legitimate interest in blocking it.

10. Release of Liability

(1) As a user, you are responsible for all actions you take in regards with using the Internet via our hotspot.

(2) You indemnify us against all claims that third parties assert against us due to a user's violation of legal regulations, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, representations or guarantees, including costs the necessary legal defense (legal fees and court costs at the statutory rate) upon first request.

(3) If claims are asserted within the meaning of Section 10 Paragraph 2, you are obliged to cooperate immediately and fully in clarifying the facts and to make the necessary information available to us in an appropriate manner.

11. Limitation of Liability

(1) We are liable without limitation for all damage caused by us in the event of intent or gross negligence.

(2) In the event of slight negligence, we have unlimited liability in the event of injury to life, body or health.

(3) Otherwise, we are only liable if we have breached an essential contractual obligation. Essential contractual obligations are abstractly referred to as those obligations whose fulfillment enables the proper execution of the contract in the first place and whose compliance is essential the user can regularly trust. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.

(4) To the extent that our liability is excluded or limited in accordance with the aforementioned regulations, this also applies to our vicarious agents.

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

12. Data Protection

(1) We ensure that your personal data is only collected, stored and processed to the extent that this is necessary for the provision of services in accordance with the contract and is permitted by legal regulations or ordered by law.

(2) If declarations of consent under data protection law are obtained from you as part of the use of our services, we would like to point out that you can revoke this at any time with effect for the future.

(3) In order to provide the hotspot services to you, the use of personal data from your device is necessary. In this context, the MAC addresses of end devices may also be temporarily stored. We may also store log data (“log files”) about the type and extent of use of the services for 7 days. This data cannot be directly assigned to you personally.

13. Final provisions

(1) The law of the Federal Republic of Germany applies, 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 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 will not affect the effectiveness of the remaining provisions.