Terms of Use for Guest WLAN

Terms of Use for Guest WLAN

1. Subject and Scope of These Terms of Use

These General Terms and Conditions (GTC) govern the use of the Guest Wi-Fi (hereinafter also referred to as "Service") of Rheinhold & Mahla GmbH (hereinafter also "R&M"), Schellerdamm 22-24, 21079 Hamburg, by visitors and guests of the company or an affiliated company. By using the guest Wi-Fi, you, as a user, agree to these terms and conditions.

2. Access and Use

(1) Access to the Guest Wi-Fi is exclusively intended for guests and visitors ("users") of the company premises at Schellerdamm 22-24 in 21079 Hamburg during their authorized stay. The use of the Guest Wi-Fi for commercial, professional or business purposes is prohibited. The authorization to use ends automatically when leaving the company premises or upon termination of the authorized stay.

(2) Use is free of charge and may be restricted or terminated at any time without stating reasons. There is no entitlement to a particular availability, speed or quality of the service. The provision of the Guest Wi-Fi does not constitute a continuing obligation. There is no entitlement to future or repeated use.

(3) The user is aware that the Guest Wi-Fi is a publicly accessible network, and data transmission may occur unencrypted. The user is responsible for protecting their data and is advised to use appropriate security measures (e.g. VPN, up-to-date security software).

(4) R&M reserves the right to modify, restrict or discontinue access to the Guest Wi-Fi, without prior notice, in the event of necessary technical repairs and maintenance work.

(5) The user undertakes not to use the Guest Wi-Fi for illegal purposes, particularly not for retrieving, storing or disseminating illegal or copyright-protected content. Actions that jeopardize the security or functionality of the network are prohibited.

(6) The user is further prohibited from uploading, distributing, offering or advertising pornographic content, content that violates youth protection laws, data protection laws and/or other laws and/or fraudulent content, services and/or products; publishing or making available content that insults or defames other participants or third parties; using, providing or distributing content, services and/or products that are legally protected or subject to third-party rights (e.g. copyrights) without express authorization; publicly making copyright-protected works available or carrying out other copyright-infringing acts, especially when using so-called "Internet file-sharing networks" or file-sharing services.

(7) Irrespective of any possible breach of law, the following activities are also prohibited when posting own content on the provider's website or when communicating with other users (e.g. by sending personal messages, participating in discussion forums, etc.):

transmitting exceptionally large amounts of data, especially sustained transmission of such data;
hosting a web server or other servers using a hotspot provided by the service provider;
altering the prescribed DNS servers in the network settings of the provider's hotspot;
sending junk or spam emails and chain letters;
spreading viruses, trojans and other harmful files;
spreading suggestive, offensive, sexually explicit, obscene or defamatory content or communications, as well as content or communications likely to promote or support racism, fanaticism, hatred, physical violence or unlawful actions (in each case explicitly or implicitly);
soliciting other users or third parties to disclose passwords or personal data for commercial or illegal purposes;
any action likely to impair the smooth operation of the Guest WLAN, especially disproportionately burdening the system.

(8) R&M reserves the right to technically block certain content or services to protect minor users and to ensure proper operation.

(9) R&M is neither obligated nor technically capable of monitoring the content transmitted via the guest Wi-Fi or users' communications, nor of investigating circumstances that may indicate illegal activity. There is no random monitoring of content or traffic data.

(10) The user must ensure that their devices are adequately protected against malware.

3. Access Data

(1) If the user has provided login data (such as username, password, email, etc.) during registration, these must be kept secret and not made accessible to unauthorized third parties.

(2) If the user has received registration data, they must ensure that access to and use of the hotspot with their user data is exclusively by themselves as the user. If facts indicate that unauthorized third parties have gained or may gain knowledge of the access data, the user must inform R&M immediately.

(3) The user is liable for any use and/or other activities carried out under their access data, in accordance with statutory provisions.

4. Blocking Access

R&M may temporarily or permanently block a user's access to the hotspot at any time if there are specific indications that the user has violated these terms of use and/or applicable law, or if R&M has other legitimate interests in blocking access.

5. Cooperation with Authorities

R&M is entitled to provide information about existing usage data and to block or restrict individual users' access where statutory obligations or official orders exist. Further information will only be provided within the framework of applicable legal provisions.

6. Indemnity

(1) The user is personally responsible for all actions taken in connection with the use of the internet via R&M's hotspot.

(2) The user shall indemnify R&M on first demand against all claims asserted by third parties against R&M due to a breach by the user of statutory provisions, third-party rights (in particular personality, copyright and trademark rights) or contractual obligations, assurances or guarantees, including the costs of necessary legal defense (legal fees and court costs at the statutory rate).

(3) In the event that claims are asserted as defined in Section 5(2), the user is obliged to cooperate fully and without delay in clarifying the facts and to make the necessary information available to R&M in an appropriate manner.

7. Limitation of Liability

(1) R&M shall be liable without limitation for any damage caused by intent or gross negligence.

(2) In cases of slight negligence, R&M is liable without limitation in the event of injury to life, body or health.

(3) Otherwise, R&M is only liable if it breaches a material contractual obligation. Material contractual obligations are those whose fulfilment enables proper execution of the contract in the first place and on which the user regularly relies. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.

(4) Where R&M's liability is excluded or limited under the preceding provisions, this also applies to its vicarious agents.

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

8. Data Protection

(1) R&M ensures that users' personal data are collected, stored and processed only to the extent necessary for the contractual provision of services and permitted by statutory regulations or ordered by the legislator.

(2) In the event that data protection consent declarations are obtained from the user in connection with the use of R&M' services, it is pointed out that the user can revoke these at any time with future effect.

(3) To deliver the hotspot services to the user, it is necessary to use personal data from the user's device. In this context, MAC addresses may also be temporarily stored. Furthermore, R&M may store log data ("log files") regarding the type and extent of use of the services for up to 90 days. These data cannot be directly attributed to the user's identity.

(4) Supplementary information on the processing of personal data, in particular on the data subject rights under the GDPR, can be found in the privacy notice (privacy policy) available online at https://www.rm-group.com/de/nutzungsbedingungen/datenschutz-cookies.html (see in particular Section IV.4 "Guest Wi-Fi").

9. Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the application of UN sales law.

(2) If the user is 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) If any provision of these Terms of Use is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the applicable statutory provisions. The validity of the remaining provisions remains unaffected.