Hotel Torbräu Munich LAN and Wireless LAN Terms of Use
As of: May 2007

1. Scope

Any use of the Hotel Torbräu GmbH & Co. KG’s (“Hotel Torbräu”) LAN (Local Area Network) and/or WLAN (Wireless Local Area Network) services is subject to the terms and conditions set forth below. The Hotel Torbräu offers such services as "Hotel Torbräu Internet Hotspot". Any general terms and conditions that differ from these terms of use are not applicable, even if the Hotel Torbräu does not expressly revoke such differing terms and conditions.

2.1 Services

The Hotel Torbräu provides the user with Internet access in the guest rooms and common areas via LAN and/or WLAN at the user’s expense. WLAN is a technology for wireless data transmission at a maximum net speed of 512 kbps downstream and 64 kbps upstream. The actual speed may vary due to traffic and, therefore, a minimum transmission rate cannot be guaranteed. Since the WLAN operates in a frequency range that can be freely used for other purposes (e.g., Bluetooth), interferences and/or quality impairments of the wireless traffic may occur.

2.2 Complete coverage of all areas with the WLAN technology cannot be guaranteed. The Hotel Torbräu will do everything technically possible and reasonable to ensure the widest possible reach.

2.3 With a WLAN-ready terminal device (WiFi standard), the user can access the Internet via the WLAN using the IEEE 802.11b/g standard. The user must comply with the provisions of directives 89/03 and 35/2002 RegTP (German regulatory authority for telecommunications and mail) concerning the general frequency allocation for WLAN applications.

2.4 Usage of the services listed above under paragraph 2.1 is subject to the fees set forth in the current price list.

2.5 Internet access is provided via the access points. There shall be no communication between clients at one access point or between two access points.

2.6 The user ID provided for the ordered access is for single-use on a terminal device and cannot be transferred to other terminal devices during the access session.

3. Duties and Obligations of the User

3.1 Upon ordering LAN or WLAN access, the user shall provide the required data truthfully and completely.

3.2 It is the sole responsibility of the user to keep the access data (i.e., user name and password) assigned to him/her for login purposes safe and confidential.

4. Complaints

The user shall inform the Hotel Torbräu GmbH & Co. KG on the same day and in due form of any complaints regarding the provision of ordered services. Later complaints will not be accepted. Verified complaints must be remedied. The user may cancel the contract or pay a reduced fee only in the event that the remedy fails.

5. Term

5.1 The user is granted access for the ordered duration of service. Only the service increments set forth in the current price list are available. The user may not combine different service increments for one access.

5.2 The Hotel Torbräu reserves the right to block the existing LAN or WLAN connection of any user who violates these terms of use or uses the connection in an unlawful manner. Upon blocking the access, full payment for the opened access session remains payable to the Hotel Torbräu.

6. Safety and System Integrity

6.1 Any data traffic generated after login between the user’s laptop/PDA and the Hotel Torbräu’s switches/access points will be transmitted without encryption. Such data transmitted over the connection between the laptop/PDA and the Hotel Torbräu LAN/WLAN network may, thus, be accessible to third parties. The Hotel Torbräu does NOT secure the data traffic within the provided LAN/WLAN connection.

6.2 The user shall be responsible for the data security (i.e., VPN Client or SSL encryption). The Hotel Torbräu’s liability is set forth in paragraph 7.

6.3 The user shall use the public Internet at his/her own risk. The user shall be responsible for any damages caused by using the LAN or WLAN service, including, but not limited to, damages to the user’s hardware or software, as well as damages due to the loss of data. The Hotel Torbräu does not assume liability for such damages.

6.4 The Hotel Torbräu provides transparent Internet access to the user. The user may only connect terminal devices that will not negatively impact the operation of the Internet platform. The user shall check his/her hardware for the latest security patches and/or activate the manufacturer-recommended security settings on his/her system as well as provide any additional security measures (firewall, virus protection, etc.). In addition, the user shall comply with the latest manufacturer recommendations for service and security level. The user shall be liable for damages caused by noncompliance with his/her security obligations.

6.5 The Hotel Torbräu reserves the right to disable, without notice, ports, sockets and/or complete connections of connected devices that interfere with the platform’s operation.

7. Disclaimer

7.1 The Hotel Torbräu only provides Internet access via LAN or WLAN. The Hotel Torbräu does not check the content retrieved via such Internet access and does not verify if such content contains any damaging software (such as viruses). Unless otherwise noted, all content used by the user via the LAN and/or WLAN access is third-party content according to Section 8 Telemediengesetz (German telecommunications services law). The Hotel Torbräu does not assume liability for or guarantee the accuracy or completeness of the information and content provided by the Hotel Torbräu or third parties.

7.2 The Hotel Torbräu shall not be liable for any damages to terminal devices or loss of data. The user shall be responsible for securing his/her data at intervals appropriate for the application.

7.3 The Hotel Torbräu shall not be liable for any initial defects of the leased property (liability under guarantee), regardless of who is at fault.

7.4 Due to the WLAN technology and its sensitivity to external interferences, an uninterrupted Internet connection cannot be guaranteed. The Hotel Torbräu shall not be liable for damages caused by an interruption of the user's Internet connection.

7.5 The Hotel Torbräu shall not be liable for damages caused by force majeure and unforeseeable, temporary circumstances the Hotel Torbräu cannot cover, including, but not limited to, government regulations and communication network failures.

7.6 These liability provisions also apply to the personal liability of representatives, employees, agents, and subcontractors.

8. Privacy

The user data provided to get a username and password is collected for the sole purpose of establishing, providing the content for and/or changing the services described in these terms and conditions of use. Such data will not be disclosed to third parties. The user is entitled to request any stored personal data from the service provider at any time free of charge. Upon termination of the contract, the user data will be deleted immediately, as soon as it is not needed anymore to process the contract. In addition, any data disclosed while using the publicly accessible Internet is not subject to safeguarding by the Hotel Torbräu.

9. Miscellaneous

9.1 There are no oral ancillary agreements.

9.2 The Hotel Torbräu may transfer its rights and obligations from this contract to a holding or associated company without the user’s consent. In the event of such transfer, the user shall be entitled to terminate the contract without notice.

9.3 These terms of use will be governed by and construed in accordance to German law. The place of jurisdiction is Munich, Germany.

Hotel Torbräu GmbH & Co. KG

Tal 41

D-80331 München, Germany

Phone: +49 (0)89 24 234-0 | Fax: +49 (0)89 24 234-235 | E-Mail: info@torbraeu.de

District Court Munich, HRA 75320

Unlimited Partner:

Hotel Torbräu Beteiligungs-GmbH, München

District Court Munich, HRB 117463

General Manager: Werner Kirchlechner, Andreas Kirchlechner