Vodafone W-LAN

Terms & Conditions

Standard Terms and Conditions for Vodafone WLAN Services (AGB)

1. Subject Matter of Agreement

   The Customer will be permitted to utilise the Vodafone WLAN services ("VF WLAN/VF D2 Services") in Germany by Vodafone D2 GmbH (VF D2), in foreign countries by Vodafone Wireless LAN GmbH (VF WLAN) in accordance with the terms and conditions set forth below.




2. Formation of the Agreement

   The Agreement on the VF WLAN/VF D2 Services will be formed once the use of the services has been automatically authorised after the Customer has identified himself and he has confirmed such action per "login" in the WLAN of VF WLAN/VF D2 by using the password provided to him via short message or otherwise which he has received after entering all necessary data on the relevant VF WLAN website.




3. Customer's Duty of Co-operation/System and Installation Requirements
   1. In order to use the VF WLAN/VF D2 services, the Customer must have his own hardware and software to connect to the Internet, especially a WLAN-enabled laptop, or similar terminal device.
   2. 3.2 In addition, the Customer will require a standard GSM mobile phone with which he can receive the password via short messaging and which must be registered on the network of VF D2 or any GSM roaming partner of VF D2.



4. Scope of Service

   VF WLAN/VF D2 shall provide the Customer with wireless access to the Internet through the VF WLAN/VF D2 Services by means of various qualified devices (mobile phone, laptop, etc.).

   1. VF WLAN/VF D2 will provide its services in accordance with the requirements of telecommunications secrecy laws. Any content provided by third parties is not the subject matter of the VF WLAN/VF D2 Services and will not be monitored or reviewed by VF WLAN/VF D2. The aforementioned disclaimer also applies with respect to whether the content contains any harmful software (e.g., viruses) or infringes third parties' rights.
   2. Furthermore, the Customer is entitled to use the WLAN services of third party WLAN providers, provided that VF WLAN/VF D2 have entered into the relevant agreements with such providers (WLAN Roaming). The scope of the WLAN Roaming services will be determined on the basis of the package offer by the respective WLAN provider
   3. VF WLAN/VF D2 will permit Customers to pay the fees for the use of the VF WLAN/VF D2 Services without cash through the mobile phone invoice issued by the Customer's wireless network provider, if the invoices are with respect to VF D2 services or VF WLAN (through VF D2) has executed the relevant contracts with the Customer's respective wireless network provider. In the alternative, the Customer has the option to pay for the services with a credit card.
   4. Depending on the hotspot, the use of W-LAN requires that the pre-settings of a proxy and a so-called static IP address that may already exist and could prevent access to Vodafone W-LAN, are deactivated on the terminal device. If this is necessary, the service attributes of the proxy that has been pre-set on the terminal device will be written over automatically for the period of time during which Vodafone W-LAN is used.
   5. VF WLAN/VF D2 provides Customers with a temporary IP address, which is not necessarily accessable over the Internet, during the duration of the W-LAN session.



5. Availability

   The VF WLAN/VF D2 Services are provided by VF WLAN / VF D2 on the basis of existing technical and in-firm capabilities. Any disturbances or down-time, which are experienced by the wireless network operator, the roaming wireless network operator, the content provider of the Customer or other third parties whom the Customer engages during the use of such services, will not be attributed to VF WLAN/VF D2 disturbance or down-time periods.

   Temporary disruptions within the VF WLAN/VF D2 may arise as a result of a force majeure, such as strikes, lockouts and regulatory orders as well as technical changes to the VF WLAN/VF D2 equipment or as a result of other measures that become necessary for the proper and improved operation of VF WLAN/VF D2 Services. VF WLAN/VF D2 shall undertake all reasonable efforts to eliminate such disruptions and interruptions.




6. Customer's Duties
   1. The Customer must regularly back-up and save its own data in order to protect against data loss.
   2. 6.2 The Customer furthermore agrees not to use the access to or the VF WLAN/VF D2 Services themselves to distribute or download unlawful or immoral information from the Internet or to otherwise misuse the Services, and specifically agrees
   • to ensure that it complies with all legal requirements, including the provisions concerning the protection of youth as well as any national and international copyright laws;
   • not to download or permit to be downloaded any harassing, defamatory, intrusive, improper, threatening, harmful, impermissible or otherwise unlawful or immoral content onto the VF WLAN/VF D2 servers, including the WWW server, the share anonymous FTP-Server (File Transfer Protocol) and the email server, or to otherwise make reference such content;
   • not to provide or otherwise reference any content, which would damage the reputation of VF WLAN;
   • not to offer, transfer, or otherwise promote the transfer of, any viruses, "Trojan Horses", "junk mail", "spam" or any unsolicited electronic mass mailings;
   • not to offer, transfer, or otherwise promote the transfer of, any viruses, "Trojan Horses", "junk mail", "spam" or any unsolicited electronic mass mailings;
   • not to use any installations or perform any applications, which lead to or could lead to the disruption or change in the physical or logical structure of the VF WLAN/VF D2 server, the VF WLAN/VF D2 network, or any other networks;
   • to transmit VF WLAN/VF D2 data using only the current standards of the TCP/IP protocol family.



7. Customer's Indemnity for VF WLAN/VF D2 Liability
   1. The Customer agrees to indemnify VF WLAN/VF D2 with respect to any and all third party claims that are caused by the Customer's breach of its duties stipulated under § 6.2.
   2. The Customer is fully responsible for any of its own content or the content of third parties, which is available on the Internet, vis-à-vis VF WLAN. In this respect, it agrees to indemnify VF WLAN/VF D2 with respect to any and all third party claims.
   3. If the Customer breaches the duties set forth in § 6.2, VF WLAN/VF D2 will have the right to take any action necessary to eliminate the abuse. VF WLAN/VF D2 is specifically authorised to revoke the Customer's access rights to the WLAN services (with immediate effect) and/or to delete from its servers and systems the content and data which are the basis for the breach. If the Customer caused the breach as a result of its culpable conduct, it will be liable to VF WLAN/VF D2 for compensatory damages.



8. Liability of VF WLAN/VF D2
   1. VF WLAN/VF D2 shall be liable to the Customer for compensatory damages - irrespective of the underlying legal grounds - only if VF WLAN, its legal representatives or agents acted intentionally or with gross negligence or if such persons culpably breached material contractual duties.
   2. If material contractual duties are breached as a result of culpable (schuldhaft) - but not intentional or grossly negligent - conduct, then the liability will be limited to indemnification for foreseeable damages which are typical for such contracts up to a maximum amount of EUR 12,500.
   3. For property damage that is not intentionally caused, VF WLAN/VF D2 will be liable only up to an amount of EUR 12,500 per user, even though liability owed to all injured parties will be limited to EUR 10.25 million for each event that causes damage or injury. If the compensatory damage payments owed to multiple parties on the basis of a single event exceed the aforementioned liability cap, then the compensatory damages will be reduced in the proportion of the sum of all compensatory damage claims to the liability cap.
   4. The aforementioned limitation of liability pursuant to subsection 8.1 will not apply to any damages, which are caused by the culpable conduct of VF WLAN / VF D2, its legal representatives or agents and which injure life, limb or health, and will not apply to any liability based on the Product Liability Act.
   5. In the event that through the use of VF WLAN/VF D2 services it is responsible for having destroyed, damaged or lost data, VF WLAN / VF D2 will be liable solely for the regeneration of such data. All liability is disclaimed for negligently caused damages resulting from the loss of data.



9. 9. Use of Data, Evidence of the Accuracy of Invoices
   1. Subject to subsection 9.2, VF WLAN/VF D2 agrees - for a period of 6 months following the transmission of the invoice - to save its connection data (itemised calls) for purposes of evidencing the accuracy of the invoiced fees.
   2. At the Customer's request, the connection data will be
      • saved in full for a period of up to 6 months following the transmission of the invoice/the expiration of the invoicing period, or
      • deleted in full no later than the transmission of the invoice/expiration of the invoicing period. VF WLAN/VF D2 will be able to conduct a subsequent review of the fee invoice only to the extent that the connection data has been saved. If the connection data has been deleted because of legal obligations or at the Customer's request, then VF WLAN/VF D2 will be under no obligation to prove the individual connections/itemised calls.
   3. If the Customer demands itemized evidence of individual connections or calls, then the Customer will be obligated to inform the co-users about the back up and disclosure of such information and agrees - to the extent required - to involve the works council or the personnel/employee representatives in accordance with the applicable law and regulations.
   4. If the Customer uses the services of third party WLAN operators, then his connection data will be disclosed to the relevant WLAN operator for invoicing purposes, provided that the VF WLAN/VF D2 has entered into the relevant contracts with the respective WLAN operator (WLAN Roaming). The use of such data will be governed by the respective contractual arrangement with the third party WLAN operator.