Inflight WiFi conditions
When purchasing a WiFi voucher to use during your flight, you accept these conditions.
These general terms and conditions for WiFi services (hereinafter: 'Terms') apply to the purchase and provision of the WiFi services as further described under clause 1.1 of these Terms (hereinafter: 'WiFi Services') insofar offered inflight by Koninklijke Luchtvaart Maatschappij N.V. having its registered office at Amsterdamseweg 55, 1182 GP Amstelveen, the Netherlands, registered at the Chamber of Commerce under number 33014286 and VAT Number NL004983269B01 (hereinafter: 'KLM') to passengers of the aircraft (hereinafter: 'Users').
By accepting these Terms the User represents and warrants that (i) he or she is at least 18 years of age and possesses the legal right capacity and ability to enter into the agreement with KLM to which these Terms apply (hereinafter: ‘Agreement’) and (ii) to use the WiFi Services in accordance with these Terms.
1. WiFi Services
1.2. You agree and acknowledge that the WiFi Services are standard services and are provided as-is. This means that the WiFi Services will be provided to all Users in the same way with the same functionalities and limitations as set forth in these Terms.
1.3. In order to use the WiFi Services, the User acknowledges and accepts it should have its own WiFi compatible device (e.g. a computer with a wireless card, a WiFi enabled smartphone or tablet) appropriate to carry out WiFi connection (hereinafter ‘Device’).
2. Purchase of WiFi Services
2.1. The WiFi Service “Messaging” is free of charge and can be obtained by clicking on the service in the KLM Portal. By use of the WiFi Service “Messaging”, you accept these Terms. The Agreement for provision of the messaging service comes into effect at the moment that KLM confirms the order of the User for the WiFi Service in the KLM Portal.
2.3. As long as KLM did not confirm the order of the User, no Agreement is concluded and until that moment KLM reserves the right to refuse the WiFi Service to anyone for any reason at any time.
2.4. The WiFi Voucher for the WiFi services can be found in your account under “My WiFi ”, which can be accessed via the KLM Portal. The WiFi Voucher will be activated automatically on the Device of the User, if the User purchases the WiFi Voucher onboard during the flight. If the User purchases the WiFi Voucher before take-off, the WiFi Voucher can be activated by the User through the KLM Portal either on the homepage or “My WiFi” section by clicking the activate button stated with the WiFi Vouchers.
2.5. A User can only purchase and use one WiFi Voucher at a time for the provision of the WiFi Services "Streaming" and "Surf" on one Device. If the User would like to continue the WiFi Service on another Device, the User can stop the internet on one Device and activate the WiFi service on the other Device.
3. Provision of WiFi Services
3.2. KLM shall use its reasonable efforts to provide the WiFi Services for the duration of the specific flight for which the WiFi Voucher has been purchased, as described in this clause 3.
3.3. Provisioning of the WiFi Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities:
- For take-off: depending on local regulations connectivity is available once the User is seated in the aircraft. This is not allowed in every country and in these cases, connectivity is activated once the aircraft is at or above 10,000 feet.
- For landing: when the use of connectivity is not allowed during landing and when on the ground connectivity will be switched off once the aircraft is flying lower than 10,000 feet.
- During the flight, there is no guarantee of bandwidth. It is possible that the internet connection is temporarily unavailable or not available at all due to the status of the satellite connection or over certain regions or countries where restrictions apply. Also, temporary interruptions of the Service may occur as normal events in the provision of the Service. KLM may temporarily limit the use or interrupt the WiFi services if KLM finds this necessary for: a. the (protection of the) security and/or the integrity of the WiFi Service; b. recovery of a defect or breach; c. recovery of an interference; and/or d. the change or improvement of KLM’s or its supplier’s computer systems.
3.4. The User further acknowledges and accepts that KLM has no control over third party networks the User may access in the course of its use of the WiFi Services, and therefore, delays and disruptions of other network transmissions are beyond the control of KLM.
3.5. Content provided by third parties (hereinafter: ‘Third Party Content’) have not been independently authenticated in whole or in part by KLM or even if KLM provides a link to such content. KLM is providing links to Third Party Content as a convenience only. KLM does not provide, sell, license, or lease any of the Third Party Content other than that specifically identified as being provided by KLM.
4. Use of the WiFi Services
4.1. The User is required to use the WiFi Services in accordance with these Terms and is not allowed to use the WiFi Services for any other purposes than set out in these Terms.
4.2. Users acknowledge and agree that they are responsible for properly safeguarding and keeping confidential the WiFi Voucher and, if applicable, a username and password, and to use such information only for their own use.
4.3. The User is not allowed to: a. use the WiFi Services to call, including the use of voice over IP services; b. provide access to the WiFi Services to any other person; c. distribute, sublicense, lease, sell, commercialise, rent, loan, or otherwise transfer its user rights to any third party; d. use the WiFi Services in any manner which may damage, disable, overwhelm or spoil the WiFi connection or prevent the ordinary use thereof by other Users; e. interfere nor interrupt any connection and use of WiFi, equipment, devices which enable its connectivity, or fail to meet the requirements, procedures and regulations of KLM; f. use or attempt to use the WiFi Services for unauthorised, unlawful, illegitimate uses and/or contrary to good faith, custom, morality and public order such as, for example, the following:
- any use which is defamatory, threatening, intimidating or which could be classed as harassment;
- posting and transmitting any content that: contains or is obscene, profane or contains abusive language or material; contains pornographic material (that is text, pictures, films, video clips or a sexually explicit or arousing nature); contains offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation; contains forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message; invades another’s privacy or is otherwise unlawful or inappropriate;
- using or transferring software or other elements including virus, bugs, Trojan horses, which may overwhelm systems of KLM or of third parties, “mail bombing”, denial of service attacks, creating or managing botnets, or any other infection, including without limitation, executable codes or files which may be used to have access, amend, delete or harm either the software or the hardware, whether of KLM or of third parties or the electronic documents and files stored in such system, as well as any other program or element with purposes or effects which are unlawful, forbidden or detrimental to the interests and rights of third parties;
- accessing or attempting an unlawful or unauthorised access to systems, or networks belonging to KLM or to third parties, or attempting to overcome security measures of the system of KLM or of third parties, and any other procedure which may be used as author of an attack to the system (port scanner, etc.);
- misuse of the IP address provided for access to WiFi Services;
- transfer or use of software elements which may send elements or details which infringe intellectual property rights, data protection or any other rights, including trade secrets or confidential information, whether the property of KLM or of third parties;
- any manner of propaganda, advertisement, chain, pyramid system, investment opportunities or any other unsolicited commercial communication (SPAM) which may infringe the regulations on information society services and electronic commerce or any other applicable regulations, where appropriate.
4.4. Users understand and agree that: a. KLM and/or a third party engaged by KLM may access and store, if necessary as a proportional measure, information stored on such User’s Device (such as drivers, software, etc.) to avoid or prevent misuse of the WiFi service, troubleshoot issues related to the Device or network, enable, operate and update the WiFi service and software and investigate activity that may be in breach of these Terms; b. KLM may be required by applicable law or in response to a request to that effect to collaborate directly and indirectly and, therefore, to provide any kind of information to law enforcement, governmental agencies and other authorities or entities, whether national or foreign.
5. Intellectual property
5.1. The intellectual property rights to the WiFi Services, including the KLM Portal, shall reside and continue to reside with KLM and/or its supplier(s) as the case may be.
6. Personal data
7.1. KLM is not liable for loss of actual or anticipated profit, loss of revenue, loss of anticipated savings, loss of data, the cost of purchasing alternative services to mitigate and/or correct defects in the WiFi Services and any loss.
7.2. Nothing in these Terms and Conditions excludes or limits KLM’s liability: a. for damages arising from its or its staff’s wilful intent or gross negligence; or b. for as far KLM is not allowed under applicable (consumer) law to limit its liability.
8.1. Parties may terminate the Agreement for convenience before commencement of the WiFi Services at any time.
8.2. Parties may terminate the Agreement for cause in accordance with applicable law. User acknowledges and accepts that KLM may terminate the Agreement for cause in case the User breaches its obligations under the Terms.
8.3. The User can terminate the Agreement by contacting KLM. In case of termination or if the WiFi Voucher is not activated during the flight, KLM will refund the purchase price of the WiFi Voucher automatically.
8.4. The User acknowledges and agrees that it cannot exercise its right to withdrawal for any reason within 14 days under applicable consumer law (hereinafter: ‘Withdrawal Term’) after the flight for which the WiFi Voucher is purchased. In the event the flight takes place during the Withdrawal Term, the User hereby: a. gives its prior explicit consent to commence with the WiFi Services during the Withdrawal Term; and b. waives its right to withdrawal.
9. Applicable Law and Dispute Resolution
9.1. For all disputes arising from or in relation to this Agreement, Dutch law applies under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Despite the application of Dutch law, Users who are consumers also enjoy the protection of the mandatory provisions of the law of the country, in which the consumer has its habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country, in which the consumer has its habitual residence, such as consumer protection laws, shall remain unaffected.
10.1. If it turns out that a particular clause is not enforceable, this will not affect any other clauses.