General terms and conditions
General terms and conditions for the use of Wi-Fi at JUFA Hotels, JUFA Holding GmbH (Idlhofgasse 74, 8020 Graz, FN 34261i) hereinafter referred to as “JUFA”.
1. Use of Wi-Fi
Wi-Fi can be used in JUFA Hotels free of charge. Wi-Fi can only be used by guests of JUFA Hotels for the duration of their stay in a JUFA Hotel within the grounds of the respective JUFA Hotel.
JUFA does not accept any responsibility for the actual availability of internet access and for a specific connection speed. It also does not guarantee the seamless, trouble-free and uninterrupted transmission of data. The connection is based on what is technically feasible. The guest does not have the right to use the Wi-Fi in a specific way, for a specific duration and cannot use it for specific services. There is no legal entitlement to use the WiFi. JUFA is entitled to limit or suspend the use of Wi-Fi at any time without giving cause.
Guests use the Wi-Fi at their own risk. It is incumbent on the guest to check the suitability of the end device that is being used to access the internet. It is also incumbent on the guest to protect his or her end device against viruses, Trojans, unauthorised access by third parties, spam etc. Data traffic between the customer’s end device and the Wi-Fi hot spot is transferred unencrypted, therefore transferred data can potentially be viewed by third parties. The guest is therefore recommended to install appropriate software to safeguard data traffic and to encrypt any data.
JUFA only provides access to the internet via Wi-Fi. JUFA does not undertake to check the digital content that is accessed and is not liable for checking whether this in particular includes any harmful software. The guest is responsible for content that he or she accesses or uploads by Wi-Fi via JUFA or third parties.
JUFA reserves the right to block individual websites, in particular those that break the law or are contrary to public policy or accepted principles of morality.
2. Guests’ obligations
The guest is responsible for ensuring that any end devices that he or she uses and the software that is installed on them are free from viruses and any other malware.
The guest is prohibited from
- accessing websites with illegal content;
- disseminating illegal or legally protected content;
- accessing immoral, indecent, degrading, racist, sexist, pornographic, offensive, defamatory, fraudulent or threatening content that is likely to promote, support, broadcast or disseminate racism, fanaticism, hate, physical violence or illegal acts;
- urging other users or third parties to reveal passwords or personal data for commercial or illegal purposes;
- sending viruses, Trojans or other harmful files via Wi-Fi;
- distributing spam or other prohibited advertising via Wi-Fi;
- downloading, reproducing, distributing or making available to the public any content protected by copyright (also via file-sharing platforms or services);
- transferring disproportionately large amounts of data;
- using the Wi-Fi for commercial reasons;
- committing any other unlawful acts or using the Wi-Fi in any other fraudulent way; using the Wi-Fi in such a way that it compromises the smooth operation of the Wi-Fi (e.g. puts an excessive amount of strain on the system).
The guest is also obliged to absolve JUFA of any obligation for compensation and of all blame, if JUFA or a third party suffers damages due to viruses or malware found on any end devices that have been used by the guest. The guest must furthermore bear any costs that are incurred through the unauthorised use of Wi-Fi by a third party, if the guest is liable for the unauthorised use by any third party (e.g. attempt by a third party to gain access via the guest’s end device)
3. Liability disclaimer
JUFA shall not be liable for any content on websites that are accessed or for any data that has been downloaded.
JUFA excludes any liability for all damages that may be suffered by the guest, such as loss of data, damage to hardware or software, unauthorised third-party access or virus attack, except in the case of wilful intent and gross negligence.
4. temporary data storage
Essential technical data relating to a guest’s end device, for example MAC addresses, are required to enable Wi-Fi access and will be stored during the period that the Wi-Fi is used. This data will be automatically deleted upon termination of the Wi-Fi connection. No data from the guest’s end device is stored by JUFA above and beyond the technical data that is necessary to enable Wi-Fi use.
5. Final provisions
Austrian law applies with the exclusion of the conflict of laws provisions.
For people who are not defined as consumers under the Austrian consumer protection act (iSd KSchG), Graz, Styria, Austria is agreed as the exclusive place of jurisdiction.