Guest Wi-Fi Terms of Use – Hotel Seewirt
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.
Our Services
(1) We provide you with internet access in our business premises in the form of a Wi-Fi access ("Hotspot") for free use.
(2) The provision of the Hotspot is based on our respective technical and operational capabilities. There is no entitlement to a functioning Hotspot or specific spatial coverage of the Hotspot.
(3) Furthermore, we do not guarantee that the Hotspot can be used without interference or interruption. We also cannot guarantee specific transmission speeds.
(4) We reserve the right to modify, 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 the use of specific services via the Hotspot. In particular, ports may be blocked. As a rule, surfing the internet and sending/receiving e-mails is permitted.
Access and Use
(1) We offer our guest Wi-Fi only for visitors to our company. It is not a publicly accessible telecommunications service, but an internal Wi-Fi for guests of our company.
(2) A prerequisite for use is that you register in advance to use the Hotspot and/or accept the validity of these Terms of Use at the beginning of using the Hotspot. When selecting the Hotspot as a Wi-Fi network on your end device, this can usually be done via a registration form or a welcome page that then appears.
(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 logging into the Hotspot, applies.
Access Data
(1) If you have provided login data (such as username, password, e-mail, etc.) during registration, you must keep these secret and not make them accessible to unauthorized third parties.
(2) If you have received registration data, you must ensure that access to and use of the Hotspot using your user data is carried out exclusively by you as the user. If there are facts justifying the assumption that unauthorized 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 according to the statutory provisions.
Your Obligations as a User
(1) You are obliged to provide any information regarding your person requested in connection with the use of the service truthfully.
(2) You are obliged to comply with applicable laws when using our Hotspot.
(3) Further obligations arising from other provisions of these Terms of Use remain unaffected.
Prices
The service is provided free of charge.
Availability of Services
Since our services are provided free of charge, you have no legal claim to use the Hotspot. However, we strive to ensure that the Hotspot can be used as uninterruptedly as possible.
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 the protection of minors. In particular, the following actions are prohibited:
- posting, disseminating, offering, and advertising content, services, and/or products that are pornographic, 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 disseminating content, services, and/or products that are legally protected or encumbered with third-party rights (e.g., copyrights) without being expressly authorized to do so;
- making copyrighted works publicly accessible or performing other acts contrary to copyright law, especially when using so-called "internet peer-to-peer networks" or file-sharing services.
Furthermore, independently of a possible violation of the law, the following activities are prohibited when posting your own content on the service provider's website as well as communicating with other users (e.g., by sending personal messages, participating in discussion forums, etc.):
- the transmission of exceptionally large amounts of data, and in particular the continuous transmission of such data amounts;
- 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 e-mails as well as chain letters;
- spreading viruses, Trojans, and other harmful files;
- disseminating suggestive, offensive, sexually explicit, obscene, or defamatory content or communication, as well as such content or communication that is suitable to promote or support (whether explicitly or implicitly) racism, bigotry, hatred, physical violence, or illegal acts;
- soliciting passwords or personal data from other users or third parties for commercial or unlawful purposes.
Also prohibited is any action capable of impairing the smooth operation of our Hotspot, in particular putting a disproportionately high load on our systems.
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 another legitimate interest in blocking access.
Indemnification
(1) As a user, you are personally responsible for all actions you take in connection with using the internet via our Hotspot.
(2) You shall indemnify us upon first request against all claims asserted against us by third parties due to a violation by the user of statutory provisions, third-party rights (in particular personal rights, copyrights, and trademark rights), or contractual obligations, representations, or warranties, including the costs of necessary legal defense (statutory attorney's fees and court costs).
(3) In the event of claims being asserted within the meaning of Clause 10 Paragraph 2, you are obliged to cooperate immediately and fully in the clarification of the facts and to make the necessary information available to us in a suitable manner.
Limitation of Liability
(1) We are liable without limitation for all damages caused by us in the event of intent or gross negligence.
(2) In the case of slight negligence, we are liable without limitation in the event of injury to life, body, or health.
(3) Otherwise, we are only liable insofar as we have breached a material contractual obligation. Material contractual obligations are abstractly defined as such obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
(4) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this also applies to our vicarious agents.
(5) Liability under the Product Liability Act remains unaffected.
Data Protection
(1) We ensure that your personal data is only collected, stored, and processed to the extent necessary for the contractual provision of services and permitted by law, or ordered by the legislator.
(2) In the event that declarations of consent under data protection law are obtained from you in the context of using our services, we point out that you can revoke them at any time with effect for the future.
(3) To provide the Hotspot services to you, the use of personal data from your end device is necessary. In this context, the MAC addresses of end devices may also be temporarily stored. Furthermore, we may store log data ("log files") about the type and extent of use of the services for 7 days. This data cannot be directly linked to your person.
Final Provisions
(1) The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(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 shall not affect the validity of the remaining provisions.
SOURCE:
https://www.datenschutz-guru.de/mustervertrag-nutzungsbedingungen-fuer-gaeste-wlan/