Terms of Use for Guest Wi-Fi

Terms of Use for Guest Wi-Fi

1. Subject 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 a Wi-Fi access (“hotspot”) for use in our business premises.

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

(3) We cannot guarantee that the hotspot can be used without disruption or interruption. 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 repairs and maintenance work.

(5) There is no entitlement to the use of certain services via the hotspot. In particular, ports can be blocked. 

3. Access and Use

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

(2) In order to be able use the hotspot, you must accept these Terms of Use.

(3) There is no right to use the hotspot. We reserve the right to restrict or stop access to the hotspot at any time without giving reasons.

(4) The current version of these Terms of Use applies, which is made available to you when you register for the hotspot or which you can access at any time via the following link if you have permanently stored the registration data on your mobile device.

4. Access data

(1) If you have been provided login data (such as user name, password, email address, etc.) in the course of registration, you must keep them 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 with your user data is carried out exclusively by you as the user. You must inform us immediately if there are any facts that give rise to the assumption that unauthorized third parties have obtained or will obtain knowledge of your access data.

(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 ensure that any information you provide about yourself when using the service is truthful.

(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 in accordance with the fees set by each Kempinski Hotel.

7. Prohibited actions

As a user, you are prohibited from engaging in any actions when using the hotspot that violate applicable law, infringe 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, service and/or products that violate youth protection, data protection and/or other law, and/or fraudulent content, services and/or products;
  • the publication 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 encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so;
  • making available to the public of copyrighted works 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, by participating in discussion forums, etc.):

  • the transmission of above-average data volumes and in particular the continuous transmission of such data volumes;
  • hosting a web server or other servers by using a hotspot of the service provider; 
  • sending junk or spam emails and chain letters;
  • the distribution of viruses, Trojans and other malicious 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 illegal acts (in each case explicitly or implicitly);
  • requesting 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 is concrete evidence that you are violating or have violated these Terms of Use and/or applicable law or if we have any other legitimate interests in blocking your access.

10. Exemption from Liability

(1) You undertake to support us if claims are asserted against us due to a breach of contract or due to a violation of laws, in particular copyright law, other intellectual property rights or data protection law, or due to criminal acts that are caused by actions taken by you on the Internet. Acts of assistance include, in particular, the transmission of information and documents that we require to establish the facts of the case and, if necessary, for legal defense.

(2) You undertake to indemnify us against any claims by third parties of any kind resulting from any of the violations of law mentioned in paragraph 1 above, in particular a copyright infringement, other infringements of intellectual property rights, a violation of data protection law or any other violation of personal rights.

(3) The indemnification obligation under paragraphs 1 and 2 also includes the obligation to indemnify us in full against legal defense costs (e.g. court and attorney fees).

11. Limitation of Liability

(1) We shall be liable without limitation for all damages caused by us in the event 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, body or health.

(3) We shall not be liable for damages caused by the interruption of the Internet connection.

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

(5) To the extent that our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.

 

12. Data Protection

(1) As the controller, the Kempinski hotel providing you with the hotspot, ensures that your personal data is only collected, stored and processed to the extent that this is necessary for the contractual provision of services and is permitted by statutory provisions or ordered by the legislator. The legal basis for the processing in this case is Art. 6 Para. 1 lit. b GDPR.

(2) The employees involved in data collection and processing are obliged to maintain data confidentiality. If we use service providers in connection with the provision of the Wi-Fi connection, the legally prescribed contracts exist with them.

(3) Where your personal data is transferred outside the European Economic Area, we will ensure that appropriate safeguards are implemented. If your Personal data is transferred to a country that is not subject to an adequacy decision by the EU commission, you data is adequately protected by EU Commission approved standard contractual clauses or a third party’ binding corporate rules. 

(4) In the event that declarations of consent under data protection law are obtained from you as part of the use of our services, the legal basis for data processing is Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future.

(5) In order to provide you with the hotspot services, 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 after you have checked out of the hotel. This data cannot be directly attributed to you personally. The storage of this data is based on our legitimate interest (Art. 6 Para. 1 lit. f GDPR) in order to have suitable means for identifying the perpetrator in cases of misuse, violation of laws or violation of this agreement. The data will be deleted after 7 days at the latest.

(6) Otherwise, the data will only be stored for as long as they are required to provide the service, unless statutory provisions stipulate a longer storage period.

(7) You have the right to information, correction, deletion, copy, data portability, revocation and objection, insofar as we process your data based on our legitimate interest, as well as to lodge a complaint with the competent supervisory authority. If you have any further questions about data protection, please contact our Global Data Protection Manager at [email protected].

13. Final provisions

(1) The law of the country where our hotel is located shall apply, whereby the application 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.