Wi-Fi Terms and Conditions

IMPORTANT

You must read the terms and conditions of this agreement before you access and use the Wi-Fi service. By accessing and using the Wi-Fi service you agree to the terms and conditions set out below. If you do not wish to be bound by these terms and conditions, you may not access or use the Wi-Fi service.

The Wi-Fi service is a service by Flix SE, Friedenheimer Brücke 16, 80639 Munich, Germany (hereinafter “FlixBus”), technically operated by external (IT) service providers, who are specified in more detail in the Privacy Policy linked here.

Definitions

"Information" means all material delivered by FlixBus through the Wi-Fi service (hereafter referred to as the "Hotspot"). "User" means you, the Hotspot end-user. "Contract" means this Hotspot agreement.

Warranty

The Hotspot is provided on an "as it is" and "as available" basis and FlixBus makes no warranties or representations whether express or implied in relation to the Information, including implied warranties or conditions of completeness, accuracy, satisfactory quality or fitness for a particular purpose.

The User acknowledges:

a. that it is technically impossible to provide the Hotspot entirely free of faults and that FlixBus does not undertake to do so;

b. that faults may lead to temporary unavailability of the Hotspot; and

c. that the operation of the Hotspot may be adversely affected by conditions and performances outside of FlixBus's control, including transmission, telecommunications links between FlixBus and Users, between different parts of FlixBus, and between FlixBus and other systems and networks.

Liability

The User agrees that, except for death and personal injury arising from the negligence of FlixBus, FlixBus shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with this Contract, including damage for loss of business, loss of profits, business interruption, loss of business information or any other pecuniary loss (even where FlixBus has been advised of the possibility of such loss or damage). The User further acknowledges that some of the Information, for example software, is supplied to FlixBus (directly and indirectly) by third parties and accordingly FlixBus can offer no warranty of whatever nature in relation to such Information. It is also important to ensure proper backup of your own system (for example, personal firewall). In general, you use the system completely at your own risk. Any claim for damages against FlixBus resulting from the use of the system is excluded. This also applies to damage caused by faults in the Wi-Fi system.

Use of the Hotspot/Indemnification

The User undertakes:

a) not to use the Hotspot for any unlawful purpose;

b) that it shall not make any use of the Hotspot such that the whole or part of the Hotspot is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Hotspot is in any way impaired;

c) not to use the Hotspot for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety;

d) No information with illegal or immoral content may be distributed. This includes, but is not limited to, information that serves the purpose of sedition, glorifies or trivializes violence, contains sexually offensive pornography, endangers or interferes with the moral well-being of children or adolescents, or harms the reputation of FlixBus.

e) that he shall not use the Hotspot to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of FlixBus unless such transmission has been specifically requested by another user of the Hotspot; and

f) that in the event that the user has any right, claim or action against any other user arising out of the use of the Hotspot he shall pursue such right, claim or action independently of, and without recourse to, FlixBus.

The User will indemnify and defend FlixBus against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any Use of the Hotspot by the User. The User acknowledges that FlixBus has no control over the nature or content of information or programs transmitted or received by the User using the Hotspot and that FlixBus does not examine in any way the use to which the User puts the Hotspot. The User agrees to fully indemnify FlixBus against any claims or legal proceedings arising in connection with User's use of the Hotspot which are brought or threatened against FlixBus by any other person.

Intellectual Property

The User acknowledges that all copyright, trademark and all other intellectual property rights in the Hotspot shall remain vested in FlixBus or its licensor.

Suspension and Termination

FlixBus shall have the right to immediately terminate this Contract and/or suspend the Hotspot if the User commits a breach of the Terms and Conditions.

Changes to the Terms and Conditions

FlixBus reserves the right to change these terms and conditions from time to time by placing a note of such change in this file. The User's continued use of the Hotspot following notice of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract, then the User must immediately stop using the Hotspot.

Severability

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract howsoever occasioned.

No waiver by FlixBus shall be construed as a waiver of any breach of any provision of this Contract. This Contract shall be governed by German law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the German Courts. Court of Jurisdiction is Munich. Please take care of your wireless device. FlixBus accepts no responsibility for loss or damage.