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GENERAL TERMS OF USE FOR THE INTERNET ACCESS

THE MADISON Hotel Hamburg


DEUTSCH


1. Scope of Application

1.1 The following General Terms of Use apply to the relationship between Madison Hotel GmbH, Schaarsteinweg 4, 20459 Hamburg, Germany, (hereinafter known as “Madison”) and the hotel guest (hereinafter known as ”guest”), when the guest uses the wireless internet access, which the Madison provides in its rooms (hereinafter known as ”W-LAN”). This also applies when the guest has not rented a room at the Madison.

1.2 The General Terms of Use for the internet access at The Madison Hotel are applicable to all other Internet connections made available to the guest, e.g. per cable using corresponding connector sockets.


2. Services

The Madison provides the guest with access to W-LAN for the length of his/her stay at the Madison.


3. Conclusion of the User Contract

The contract on the use of the W-LAN provided by the Madison takes effect, when the guest has verified all required access details on the provided homepage and has agreed to the General Terms of Use for the internet access at the Madison. The passwords assigned to a guest by the Madison, when applicable, may not be passed on to third parties.


4. Duties and Obligations of the Guest

4.1 The wireless data transmission in the W-LAN is not encrypted, will not be checked for malware and will not be technically regulated. The guest is obligated to ensure before using the W-LAN that his or her device with which he or she accesses the Internet is compatible with the offered services. The Madison does not provide the guest with any own software or special system settings. For all Internet connections the Madison explicitly recommends that the guest use his or her own appropriate encryption methods (e.g. VPN, SSL) and chooses own suitable security programs (e.g. anti-virus and firewall software)

4.2 The guest is responsible for all data transmitted by W-LAN, including, where applicable, the use of fee-incurring services and legal transactions. Should the guest visit a fee-based Internet site or incur liabilities, the guest must pay for the resulting costs.

4.3 The guest is obligated to adhere to current existing law when using the W-LAN. The guest is therefore explicitly forbidden to

1) use the W-LAN to access and/or disseminate immoral or illegal content, in particular such content that violates name or personal rights, that violates the laws for the protection of minors and/or violates general criminal law;

2) use the W-LAN to illegally access, duplicate, distribute and/or make publically accessible copyrighted works (e.g. movies, TV movies, computer games or music);

3) send or disseminate content that is harassing, defamatory, threatening, and to send or disseminate content that glorifies violence or is an incitement to hatred, as well as

4) use the W-LAN to send spam and/or other forms of illegal advertising.

5) It is explicitly forbidden for the guest to use the W-LAN to visit file sharing websites or use file sharing software.

4.4 It is the guest’s obligation to regularly secure his data, to protect him or herself from data loss. The Madison does not take within the framework of providing W-LAN any data backup measures.


5. Availability

5.1 The availability, performance or transmission speed of the W-LAN are not guaranteed. Delays, wrong connections or temporary malfunction may occur. The Madison has the right to block or stop the W-LAN access to any accessible Internet service, any material and any information and as well as to suspend the access to W-LAN for individual or all guests at its own reasonable discretion.

5.2 An entitlement to functional network access as well as services for hard or software problems does not exist.

5.3 The Madison is not liable for malfunctions or downtime that occurs on the side of the guest’s content provider or other third parties upon which the guest calls when using the W-LAN.

5.4 Should problems with accessing the W-LAN occur the guest has to contact the reception of the Madison.


6. Exemption from Liability

With respect to the Madison the guest is solely and entirely liable for his own assessable or external content. The guest releases the Madison from all damages and claims made by third parties, based on culpably illegal use of the W-LAN by the guest and/or based on the culpable violation of these General Terms of Use; including costs and expenses incurred by asserted third party claims and their defense. If the guest realizes or should realize that such an infringement of the law has occurred or threatens to occur, he or she will notify the Madison.


7. Liability of the Madison

7.1 The Madison will only be liable to the guest in cases of malice, fraudulent intent and gross negligence, in cases of injury to body, life or health as well as in cases to which the conditions of liability with regards to the product liability law are legally applicable.

7.2 Further the Madison will be liable in the case of a slightly negligent breach of contract, the fulfillment of which is essential for due implementation of the contract and on which the contractual partner can reasonably expect to be able to rely (cardinal duties). In this respect the liability shall be limited to the amount of foreseeable and typically occurring damages.

7.3 A further liability of the Madison does not exist.

7.4 The aforementioned provisions concerning the limitation of liability also apply to a breach of duty on the part of legal representatives and vicarious agents of the Madison as well as to the personal liability of the employees, representatives and organs of the Madison.


8. Data Protection

In as far as personal data is collected within the framework of W-LAN access; these will be used in accordance with the applicable provisions of data protection law.


9. Severability Clause

9.1 Should individual provisions of these General Terms of Use be ineffective or lose their effectiveness the legal effectiveness of the other provisions is not affected.

9.2 These General Terms of Use are subject to German law.

9.3. Exclusive area of jurisdiction is Hamburg, Germany, provided the guest is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction with the Federal Republic of Germany. The Madison also has the right to take legal action against the guest at his/her place of general jurisdiction.


as of: 06/2016