WLAN - Terms of use and privacy policy

General information

The following terms of use apply to the use of the network (WLAN) currently provided by Apassionata Park G mbH & Co, KG for visitors to the “LUNAGICA powered by APASSIONA” event

This document contains binding regulations for the use of the above-mentioned WLAN. Before accessing the network, users must agree to the following regulations, confirm that they are aware of the information obligations under Article 13 EU GDPR and consent to the processing of the necessary personal data. The document does not contain any information on the technical provision of the aforementioned network.

The above-mentioned WLAN is provided by Apassionata Park München GmbH & Co. KG, Uhlandstraße 171/172, 10719 Berlin, (operator).

By clicking the “Accept” button, users acknowledge the privacy policy, accept the terms of use and consent to the processing of their personal data. Use is not possible without acceptance.

1 Subject matter and scope of these Terms of Use

These terms of use govern the rights and obligations between the operator and the users in connection with the WLAN access provided.

2 Services

(1) The operator provides access to the Internet in the form of a WLAN access (hotspot) for free use on the park grounds where “LUMAGICA powered by APASSIONATA” takes place.
(2) The offer is aimed exclusively at users of legal age and legal capacity.
(3) The duration of use is controlled by the operator.
(4) The provision of the hotspot depends on the respective technical and operational possibilities. The operator reserves the right to change, restrict or discontinue access to the hotspot without prior notice in the event of necessary technical repair and maintenance work.

(5) The operator does not guarantee that:
a. the hotspot can be used without disruption or interruption.
b. high bandwidths/transmission speeds are available.
c. all services can be used via the hotspot.
(6) The operator uses web filtering systems to regulate access to content that is harmful to minors or infringes the law in any other way. The same applies to content and services that restrict or jeopardize the availability or technical security of the infrastructure offered.
(7) The connection from the user's terminal device to the hotspot provided is not encrypted.
(8) Content transmitted by third parties is not part of the operator's service and is not checked. This also applies to content provided by the users themselves.

3 Access and use

(1) The operator offers the WLAN infrastructure to all visitors to the “LUMAGICA powered by APASSIONATA” event. The WLAN is a non-publicly accessible telecommunications service.
(2) The offer is aimed exclusively at users of legal age and legal capacity.
(3) Before using the service, users must accept the terms of use of the WLAN, confirm that they are aware of the information obligations under Article 13 EU GDPR and consent to the processing of the necessary personal data. The terms of use and the information obligations can be viewed in full at any time on the welcome page or accessed on the homepage https://www.showpalast-muenchen.com/en/company/wlan-nutzungsbedingungen).
(4) There is no entitlement to a functioning hotspot or a specific local coverage of the hotspot.
(5) The current version of the terms of use or the information obligations that are displayed to you when you log on to the WLANs shall apply.
(6) Access to the WLANs is regulated as follows: Free access without access data with time-limited use within the opening hours of the “LUMAGICA powered by APASSIONATA” event.

4 Access data

(1) Access data to the WLAN may only be used by the authorized group of persons, i.e. visitors to the “LUMAGICA powered by APASSIONATA” event. Disclosure to unauthorized third parties is not permitted.
(2) If there are facts that justify the assumption that unauthorized third parties have gained knowledge of the access data, the operator reserves the right to block the access data. The operator must be informed of such an assumption by e-mail to muenchen@showpalast-muenchen.com.

5 Obligations as a user

(1) When using the service, users are obliged to provide all personal details truthfully.
(2) In the event of abuse or other allegations of irregular/illegal use of the services or the assertion of claims (see Section 9 (2)) reported by the operator, users are obliged to cooperate immediately and fully in clarifying the facts and to provide the operator with the necessary information in an appropriate manner.
(3) Further obligations arise from the provisions of the Terms of Use.

6 Prices

No usage fees are charged for the use of the WLAN.

7 Prohibited acts

Users are prohibited from any actions when using the hotspot that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:

• the use, posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
• publishing or making available content that insults or defames other participants or third parties;
• the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so, in particular when using so-called “Internet file-sharing networks” or file-sharing services.

Furthermore, the following activities are also prohibited when posting your own content and when communicating with other users (e.g. by sending personal messages, participating in discussion forums, etc.), irrespective of any violation of the law:

• a disproportionate load on the operator's systems that impairs the smooth operation of the hotspot (e.g. transmission of large amounts of data through video streaming, etc.);
• the hosting of a web server or other servers by using a hotspot of the service provider;
• manipulation of the network components of the operator's hotspot;
• sending spam e-mails or using the hotspot for other commercial (e.g. sending advertising) or illegal purposes;
• spreading false reports (fake news);
• the spread of viruses, Trojans, malware and other harmful files;
• the dissemination or communication of lewd, offensive, sexually explicit, obscene or defamatory content or content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);

• requesting other users or third parties to disclose passwords or personal data for commercial, legal or other purposes.

8 Blocking access

Access to the hotspot for individual users can be temporarily or permanently blocked at any time if there are concrete indications that these terms of use and/or applicable law are being or have been violated or if the operator has any other legitimate interest in blocking access.

9 Indemnification

(1) The users themselves are responsible for all actions they take in connection with the use of the Internet via the operator's hotspot.
(2) The users shall indemnify the operator against all claims on first demand asserted by third parties due to a breach by the user of statutory provisions, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, assurances or guarantees, including the costs of the necessary legal defense (legal fees and court costs in the statutory amount).
(3) The operator is not liable for any damages incurred by users directly or indirectly through the use of Internet access.
(4) The operator shall not be liable for the fact that a third party collects, stores or modifies data transmitted via WLAN.

10 Limitation of liability

(1) The operator shall be liable without limitation for all damages caused by him in the event of intent.
(2) Otherwise, the operator shall only be liable if it has breached a material contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.
(3) Insofar as the liability of the Operator is excluded or limited in accordance with the aforementioned provisions, this shall also apply to vicarious agents.
(4) Liability under the Product Liability Act remains unaffected.

11 Data protection

(1) The Operator shall ensure that personal data is only processed insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator.
(2) In the event that declarations of consent under data protection law are obtained from users in the context of the use of the operator's services, it is pointed out that these can be revoked at any time with effect for the future.
(3) In order to provide the services of the hotspot for the users, the use of personal data of the respective end device is required. Further details can be found in the privacy policy.

12 Final provisions

(1) The law of the Federal Republic of Germany shall apply.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the registered office of the operator shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

Information obligations when collecting personal data in accordance with Article 13 of the EU General Data Protection Regulation (GDPR)