Terms of use for guest WLAN

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 WLAN access.

2. Our services

We provide you with access to the Internet in our guest rooms and public areas in the form of a WLAN access (“hotspot”) for free use.
The provision of the hotspot depends on our respective technical and operational capabilities.
Furthermore, we do not guarantee that the hotspot can be used without disruption or interruption. Nor can we guarantee transmission speeds.
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.
There is no entitlement to use certain services via the hotspot. In particular, ports may be blocked. As a rule, surfing the Internet, using messengers, streaming and sending and receiving e-mails is made possible.

3. Access and use

We offer our guest WLAN only for guests of our vacation apartments. It is not a publicly accessible telecommunications service, but an internal WLAN for guests of our vacation apartments.
The prerequisite for use is that you accept the validity of these terms of use at the start of using the hotspot. This is usually done by selecting the hotspot as a Wi-Fi network in the end device via a welcome page that can then be called up.
The current version of these terms of use, which is made available to you when you register for the hotspot, shall apply.

4. Access data

If you have provided login data (e.g. user name, password, e-mail, etc.) in the course of registration, you must keep them secret and not make them accessible to unauthorized third parties.
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. You must inform us immediately if there are facts that justify the assumption that unauthorized third parties have gained or will gain knowledge of your access data.
As the user, you are liable for any use and/or other activity carried out using your access data in accordance with the statutory provisions.

5. Your obligations as a user

You are obliged to comply with the applicable laws when using our hotspot.
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

We make every effort to ensure that the hotspot can be used without interruption.

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 the protection of minors. In particular, the following actions are prohibited:

posting, distributing, offering and advertising pornographic 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
the use, provision and distribution of 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 works protected by copyright available to the public or other acts in breach of copyright, in particular when using so-called “Internet file-sharing networks” or file-sharing services

Furthermore, the following activities are also prohibited, irrespective of any violation of the law, 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 continuous transmission of such amounts of data
hosting a web server or other servers by 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 e-mails and chain letters
spreading viruses, Trojans and other harmful files
the dissemination of lewd, 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 unlawful acts (explicitly or implicitly in each case)
requesting other users or third parties to disclose passwords or personal data for commercial or unlawful purposes

Likewise prohibited is any action that is likely to impair the smooth operation of our hotspot, in particular to place a disproportionately high load on our systems.

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. Exemption from liability

As a user, you are responsible for all actions you take in connection with the use of the Internet via our hotspot.
You shall indemnify us against all claims asserted against us by third parties due to a violation of legal regulations, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, assurances or guarantees, including the costs of the necessary legal defense (lawyer’s fees and court costs in the statutory amount) upon first request.
In the event of the assertion of claims within the meaning of Clause 10 (2), you are obliged to cooperate immediately and fully in the clarification of the facts and to provide us with the necessary information in a suitable manner.

11. Dangers of WLAN use, limitation of liability

The guest is advised that the WLAN only enables access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. Use of the WLAN is at the guest’s own risk. The BHB accepts no liability for damage to the guest’s PC resulting from the use of Internet access, unless the damage was caused by the BHB intentionally or through gross negligence.

12. Limitation of liability

We shall be liable without limitation for all damage caused by us in the event of intent or gross negligence.
In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health.
Otherwise, we shall only be liable if we have breached a material contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.
Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.
Liability under the Product Liability Act remains unaffected.

13. Data protection

We ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator.
In the event that declarations of consent under data protection law are obtained from you as part of the use of our services, please note that you can revoke these at any time with effect for the future.
In order to provide you with the services of the hotspot, it is necessary to use personal data from your end device. In this context, the MAC addresses of end 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 7 days. This data cannot be directly assigned to your person.

14. Final provisions

The law of the Federal Republic of Germany shall apply, whereby the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
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.
Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.