Article 1. PURPOSE
This Service allows any User with a Wi-Fi enabled device (laptop, tablet, smartphone, etc.) to connect to wireless Internet in areas covered by the public Wi-Fi network of the Basel-Mulhouse Airport. The Service includes the basic Internet access functions to the exclusion of any other service; the Service does not include the provision of an inbox or hosting of WEB pages.
The Service is accessible from any Wi-Fi enabled device, equipped with:
- an IEEE 802.11x compliant radio interface;
- an operating system: Microsoft Windows (XP, Vista, Seven), Apple Mac OS (10.4 and above), Apple iOS 4.3, Android 2.1 and 2.2;
- and a web browser: Microsoft Internet Explorer Version 6.0 (or higher), Mozilla Firefox version 3.0 (or higher) Safari 3.0 (or higher).
Article 2. DEFINITIONS
“Service”: the access to Internet using the Wi-Fi network at the Basel-Mulhouse Airport site
“User”: any person connected to the Service offered by the Basel-Mulhouse Airport under the conditions defined in these TOU
“Wi-Fi”: the set of wireless communication protocols, governed by the standards of the IEEE 802.11 group
Article 3. USE AND ACCESS TO THE SERVICE
Connection and the acceptance of these TOU on the Basel-Mulhouse Airport Service portal to which the User is connected are essential steps for using the Service.
Once these steps are taken, the Basel-Mulhouse Airport offers the user free wireless Internet access in the areas covered by the public Wi-Fi network of the Basel-Mulhouse Airport.
The Service is accessible during the working hours of public places covered by the public Wi-Fi network of the Basel-Mulhouse Airport.
Article 4. COOKIES
In order to facilitate browsing and to allow the Basel-Mulhouse airport to offer better service to the User, cookies have been installed on the site.
A cookie saves information relating to the user's computer browsing (the pages opened, date and time of browsing, etc.), which the Airport can refer to during the subsequent visits of the user. The maximum retention period of this information in the User's computer is 13 months.
The User may prevent the cookies from being saved by configuring his browser settings, as shown in the Cookies and data protection policy. Access to certain services and sections of the site may, in this case, be modified, or even prevented entirely.
Article 5. COMMITMENT AND RESPONSIBILITY OF THE USER
5.1 MANDATORY INFORMATION
To connect online to the Service, the User clicks on the connection tab.
The User is solely responsible for his actions during the use of the Wi-Fi connection.
5.2 SPECIFIC OBLIGATIONS RELATED TO THE INTERNET
The User is informed that the Internet is a network carrying data that may be protected by literary, artistic and intellectual property rights or that may violate the legal or regulatory provisions in force. The User is therefore prohibited from sending or uploading on the Internet any data that is prohibited, illegal, unlawful, contrary to standards of public decency or public order and that infringes or may infringe the rights of third parties and in particular the rights of literary, artistic or intellectual property rights.
The User acknowledges being informed that:
- the network made available to it is not a secure network and that it is, thus, his responsibility to take all appropriate measures in order to protect his own data and/or software from being inflicted by any viruses or any other malicious software, or the intrusion of a third party in the system of his Wi-Fi device for any purpose whatsoever, and to take backups before and after the installation of the Service;
- the data transmission is not secure and the performance relating to the volume and speed of the data transmission are not guaranteed;
- the integrity, authentication and confidentiality of information, files and data of any kind exchanged on the Internet cannot be guaranteed; the User must therefore not use the Internet network to send any messages that are intended to be confidential.
The User shall refrain from any fraudulent, improper or excessive use of the Service, such as, in particular, the intentional or unintentional blockage of mail servers of the Basel-Mulhouse Airport and/or mail recipients by unauthorised direct mail advertising (e.g.: spamming, bulk e-mail, junk e-mail or mail bombing) or of its network, or the dissemination of teasing or trolling messages that generate an excessive number of responses, thus disrupting the availability of said servers or network and assumes full responsibility for such use of the Service.
The Basel-Mulhouse Airport also warns the User about the nature and diversity of the content available on the Internet, which may be harmful to minors.
5.3 LEGAL OBLIGATION OF THE USER AGAINST PIRACY
According to Article 5 of Law no. 2009-669 of 12 June 2009 promoting the dissemination and protection of creative works on the Internet, the User is informed about the provisions of Article L.336-3 of the Intellectual Property Code (hereinafter “CPI”):
“Any person with access to public communication services online must ensure that this access is not used for reproduction, representation, provision or communication to the public of works or objects protected by copyright or a related right, without the authorisation of the holders of the rights provided for in Books I and II when required.
In case the person entitled to the access fails to fulfil the obligation laid down in the first paragraph, it shall not incur the criminal liability of the person concerned”.
The User is informed that the Authority for the dissemination of works and protection of rights on the Internet (HADOPI) may be required to take the following steps:
- When it receives evidence likely to constitute a breach of the obligation defined in Article L.336-3 of the IPC, the HADOPI may send the User, pursuant to Article L.331-25 of the IPC, under its seal and on its behalf, through the Basel-Mulhouse Airport, a recommendation containing a reminder of his obligation under Article L.336-3 above, an injunction to comply with it as well as any useful information concerning the fight against piracy, and the means of security that may exist. It shall include in particular the date and time of the events in question and the contact details for the user to contact the HADOPI;
- In the event of renewal within six (6) months from the above recommendation being sent, the HADOPI may send a new recommendation containing the same information as the previous one by email under the same conditions as those referred to above. The HADOPI may include with this recommendation a letter delivered against signature or by any other means that prove the dispatch date of this recommendation.
The User is further informed that the violation of copyright and related rights within the meaning of the IPC by the User is an offence punishable by the penalties provided for in Articles L.335-2, L.335-3, L.335-4, L.335-5, L.335-6 and L.335-7 of the IPC. In addition, the User incurs civil penalties as compensation for the damage suffered by the beneficiaries.
The User is solely responsible for any direct, indirect, material or immaterial damage caused to Basel-Mulhouse Airport and/or to third parties due to improper use of the Service.
Article 6. COMMITMENT OF THE BASEL-MULHOUSE AIRPORT
6.1 OBLIGATIONS RELATING TO THE CONNECTION
Basel-Mulhouse Airport uses all the means at its disposal to ensure high availability of the Service. However, it cannot guarantee operation without interruptions or disruptions in access to the Service, or the durations and transmission capacities determined. Basel-Mulhouse Airport reserves the right to carry out maintenance work at any time, causing the operation of its public Wi-Fi network to be interrupted.
In view of the confidentiality that private correspondence is entitled to, Basel-Mulhouse Airport has no control over the content or characteristics of the data received or transmitted by the User on its network and/or on the Internet. However, in order to ensure the proper management of the Internet access system, Basel-Mulhouse Airport reserves the right to delete any message or prevent any operation by the User that is likely to disrupt the proper functioning of its network or the Internet network or that does not comply with the rules of operation, ethics and professional conduct or that is in violation of these TOU. Exceptions to this rule of confidentiality may be made to the extent permitted by law, at the request of the public and/or judicial authorities.
Basel-Mulhouse Airport is subject to an obligation of means concerning the performance of its obligations hereunder.
Basel-Mulhouse Airport cannot be held liable for the use of data and information entered or retrieved by the User on the Internet network.
Basel-Mulhouse Airport shall not be held liable for the consequences of fraudulent, abusive or excessive use of the Service by one or more Users, such as, in particular, the intentional or unintentional blockage of mail servers of Basel-Mulhouse Airport and mail recipients by unauthorised direct mail advertising (e.g.: spamming, bulk e-mail, junk e-mail or mail bombing) or of its network, or the dissemination of teasing or trolling messages that generate an excessive number of responses, thus disrupting the availability of said servers or network.
Basel-Mulhouse Airport shall not be held liable for the content accessible on the Internet network and for any damages that may arise from their use unless the damage was caused intentionally by Basel-Mulhouse Airport.
In particular, the liability of Basel-Mulhouse Airport cannot be incurred:
- in the case of planned or unplanned maintenance operations,
- in the case of non-compatibility of an IEEE 802.11a/g/n/ac WLAN adapter with the public Wi-Fi network of Basel-Mulhouse Airport,
- in the case of disruptions, interruptions or unavailability of the service in a given area for some or all of the technologies mentioned above,
- in the case of refusal of cookies by the client browser,
- in the case of misuse by the User of the Service,
- in the case of improper installation and/or incorrect configuration and/or malfunction of a Wi-Fi device of the User,
- in case it is not possible to access the virtual private network of a company via Internet,
- in case of non-compliance by the User of his obligations,
- in the case of use not in accordance with the instructions for use of the Service,
- in the case of force majeure within the meaning of the case law of the administrative courts.
It is expressly agreed that if the liability of Basel-Mulhouse Airport is incurred under the execution of these TOU, the User may claim compensation for only direct and immediate damage that he will have suffered.
Under these TOU, Basel-Mulhouse Airport remains uninvolved in any disputes that may arise between the User and third parties.
Article 7. SECURITY
Communication via the Service has basically the same level of security as standard Internet communication. Absolute protection against unauthorised intrusion or interception cannot be guaranteed. Basel-Mulhouse Airport is not liable for any such events.
If he wishes to increase the level of security, the User can install security software, such as firewalls or Virtual Private Networks (VPNs). In the case of third-party software, Basel-Mulhouse Airport does not vouch for the operation of the security software.
In general, access to company data (Intranet, Office applications, etc.) presupposes the installation of appropriate security software on the mobile terminal (laptop, PDA, etc.) and on the company server concerned. Since this software is provided by a third party, Basel-Mulhouse Airport declines all liability vis-à-vis its proper functioning.
These TOU are applicable from the time the User connects to the portal of the Basel-Mulhouse Airport Service for the duration of the Wi-Fi communication of the User, under the conditions defined in Article 3 of these TOU.
Basel-Mulhouse Airport reserves the right to modify the Service as well as to adapt these TOU. Only the latest versions of the TOU, accessible at the time of the User's connection, shall apply in the context of the relation established with the User.
Article 9. PROTECTION OF PERSONAL DATA
Basel-Mulhouse Airport undertakes to protect the privacy of Users in compliance with Law no. 78-17 of 6 January 1978 as amended on data protection and, from 25 May 2018, (EU) Regulation 2016/679, and any subsequent legislation in accordance with its cookies and data protection policy.
In accordance with the legal and regulatory provisions in force, Basel-Mulhouse Airport is obliged to collect and store electronic communication data relating to traffic in connection with the use of the free wireless Internet service. For this purpose, Basel-Mulhouse Airport may be required to provide information enabling the User to be identified for the purposes of the investigation, detection and prosecution of criminal offences, preventing any terrorist activity, any billing and payment of the Service and security of the networks and facilities.
All Users have the following rights to their data: right of access, right of rectification, right to erase (right to oblivion), right of opposition, right to limitation of treatment, right to portability, right to lay down guidelines on retention, erasure and communication of personal data after death.
To exercise his rights, the User is requested to send his letter to the Data protection officer, Basel-Mulhouse Airport, BP 60120, F-68304 Saint-Louis Cedex. All applications must be accompanied by a copy of the identity document. It is advisable to send this letter by registered post with acknowledgment of receipt.
Article 10. INDOOR NAVIGATION SYSTEM
Basel-Mulhouse Airport may be required to collect the User's geolocation data via Wifi routers, as such completely anonymized, to analyse the movements of passengers within the terminal to optimize the infrastructures’ exploitation.
Article 11. SUSPENSION/TERMINATION
Basel-Mulhouse Airport reserves the right to suspend access to the Service and to terminate the connection with immediate effect and without compensation, in the event that the User fails to fulfil any of its obligations and particularly in case of piracy or attempted use or illegal transmission of information circulating on the network having as its origin or source the Wi-Fi connection of the User, without prejudice to any damages that the Basel-Mulhouse Airport would be entitled to claim.
Article 12. MEDIATION
In the event of any dispute relating to the use of the Service, Users (consumers) are informed that they can contact the Médiation du tourisme et du voyage (MVT)
- either by post to the following address: BP 80303 75823 Paris cedex 17,
- or directly on its website http://www.mtv.travel
Article 13. APPLICABLE LAW AND JURISDICTION
This contract is governed by French law.
Failing amicable agreement, the courts of the location of the Airport’s headquarters have jurisdiction to rule on any disputes resulting from the use and/or operation of the Service. This provision does not apply in the event of a dispute with a non-professional User.