General Business Terms (German abbreviation: AGB) for HotSpot services of TT-Line GmbH & Co. KG
1. Object of contract
The use of HotSpot - services (wireless Internet access according to WLAN standard as well as Internet access via LAN) by the Hot Spot operator is made possible for the customer according to the following conditions. The HotSpot operator is entitled, however not obliged, to provide the HotSpot services. The customer has no claim to the availability of the HotSpot-service.
The customer also has the option to buy vouchers for use of Internet on board. The vouchers are valid for one year. The holder of the vouchers has no right to claim priority access to the HotSpot service.
2. Conclusion of the contract
The contract concerning the HotSpot service is concluded by granting the possibility for use as soon as the customer has identified himself at the HotSpot after entering all necessary data on the webstart page and has explicitly approved these General Business Terms.
3. Pre-requisite for use
3.1 In order to use the HotSpot service the customer itself must make the necessary hardware and software equipment available, which he needs for the connection to the Internet, in particular a LAN / WLAN-compatible laptop or a comparable terminal.
3.2 The HotSpot operator only makes the possibility available to connect with the Internet. The HotSpot operator does not owe any technical precautions for the protection of this connection against the spying of data by third parties, spam, Trojans, viruses, web-filters, firewall or similar items. The HotSpot operator is however entitled to use such precautionary measures so that the availability of all sites and services from the Internet can be limited.
4. Scope of the services
4.1 The HotSpot operator does not offer its Hotspot services to the public, but exclusively to its customers, who are properly staying on the ships.
4.2 The HotSpot operator provides its services by complying with the telecommunications secrecy. Contents transmitted by third parties are not the object of the service and will not be examined as a standard. This shall also apply with regard to the fact whether the contents contain software which causes damages (e.g. viruses) or infringe rights of third parties.
The HotSpot is offered within the framework of the existing technical and operational possibilities. Temporary interferences to the HotSpot can arise for reasons of force majeure, including strikes, lock-outs and official orders as well as owing to technical changes to the systems of the HotSpot or owing to other measures, which are necessary for a proper or improved operation of the Hotspot service. The HotSpot operator will however make suitable efforts by complying with the principle of cost effectiveness in order to remedy such interferences or interruptions or to work towards their remedy.
6. Obligations and responsibilities of the customer
6.1 The customer has to ensure a regular backup of his own data in order to protect himself against loss of data.
6.2. The data traffic generated between the terminal of the customer and the HotSpot after the registration is transmitted unencrypted. Data of the connection set up between the terminal of the customer and the HotSpot can possibly be viewed by third parties. A security of the data traffic within the WLAN supply can only be carried out by the use of a special security software by the customer.
6.3. The customer additionally undertakes to neither use the access to the as well as the HotSpot-service itself for the distribution nor for calling unlawful and immoral information in the Internet nor to otherwise improperly use it, in particular:
- To ensure the compliance with the statutory provisions, in particular also the regulations concerning the protection of youths and to comply with national and international copyrights;
- Not to store or have stored any harassing, slanderous contents, or contents which breach, abuse, threaten, harm the privacy of others, illicit contents or contents which are otherwise unlawful or immoral on the HotSpot servers, in particular WWW-Server, shared anonymous FTP server (File Transfer Protocol) and e-mail server or to refer to such contents;
- Not to make any contents available or to refer to such which may harm the reputation of the operator;
- Not to offer, transmit or to request that these be sent any viruses, "Trojan horses", "junk mails", "spams" or unsolicited e-mail mass dispatches;
- Not to use any equipment or carry out applications, which lead or may lead to interferences / changes to the physical or logical structure of the HotSpot server, of the HotSpot network or other networks;
- Not to use or to operate any Filesharing services;
- To transmit HotSpot data exclusively by using the customary standards of the protocol family TCP/IP.
7. Indemnification from liability of the HotSpot operator by the customer
7.1 The customer undertakes to indemnify the Hotspot operator from all claims of third parties, which arise from a breach of the obligations of the customer as stated in Subclause 6.
7.2 The customer is fully responsible for his own or third party contents kept available in the Internet in the relationship to the HotSpot operator. He also accordingly undertakes to indemnify the HotSpot operator from all claims of third parties.
7.3 If the customer breaches the duties according to Subclause 6, the HotSpot operator is entitled to take all necessary measures to remedy the abuse. The HotSpot operator is in particular authorized to block the access authorization of the customer for LAN / WLAN services with immediate effect and/or to delete the contents and data which substantiate the breach from its servers and systems. In case of culpable breach of duty the customer shall be liable for damages towards the HotSpot operator.
8. Liability of the HotSpot operator
8.1 The HotSpot operator shall only be liable towards the customer for damages – no matter for what legal grounds – in case of wilful intent or gross negligence, of the HotSpot operator, its legal representatives or vicarious agents as well as with the culpable breach of essential contractual duties. In case of culpable – neither wilful nor grossly negligent – breach of essential contractual duties the liability is limited to the compensation of the typical foreseeable damages for the contract up to a maximum amount of Euro 500.00. For financial losses which were not caused by wilful intent the HotSpot operator shall only be liable limited in terms of amount up to Euro 2,500.00 per customer whereby the liability towards all injured parties is limited to Euro 10,000.00 per event which causes the damages; if the indemnification payments which are to be paid to several parties owing to the same event exceed the maximum limit, the damages will be reduced in the ratio in which the total amount of all claims for damages stands to the maximum limit.
8.2 The afore-mentioned liability limitations according to Subclause 8.1 shall not apply to damages culpably caused by the HotSpot operator, its legal representatives or vicarious agents from the injury to life, the body or the health as well as for the liability according to the Product Liability Act.
8.3 The HotSpot operator shall only be liable within the framework of the use in case of destruction, damage or loss of data – insofar as the HotSpot operator is responsible for the destruction, damage or the loss – for the restoration of data, a maximum up to the maximum limits stated in Subclause 8.1. The liability shall cease to apply to negligently caused damages from loss of data.
9. Data protection
9.1 The HotSpot operator uses and stores data exclusively within the framework of the statutory provisions. The HotSpot operator stores connection data for purposes of proof. Stored hereby are the concrete times of use in connection with the personal data of the customer. The duration of the storage is oriented to the actual statutory stipulations (currently 7 days). The customer hereby consents to this storage and processing of his data.
9.2 HotSpot data of the customer will not be forwarded to third parties. Exceptions only exist insofar as the HotSpot operator is or will be obliged to forward the data to third parties owing to statutory provisions (e.g. to criminal prosecution authorities or copyright holders).
9.3 The customer can receive information about the data stored relating to him at all times upon request.
10. Other provisions
10.1 There are no oral collateral agreements.
10.2. German law applies.
10.3. The business terms of the HotSpot operator shall apply exclusively.