Ask the expert

I now offer wireless internet access to guests staying at our small B&B in Somerset. Are there any safeguards I ought to consider when advertising this service, which will be free of charge to them? Any disclaimers on my room literature / website or other relevant warnings? Thank you, Heidi

Answered by our Expert: Rehman Noormohamed - Michelmores LLP

Published April: 2009 

This is a topical question to consider as businesses, large and small, clamour to offer free wireless internet access to their customers/clients/guests. As technology develops, providing ever more ingenious methods of accessing the internet, so also does our ability to improve the services we are able to offer to our clients, whether in the hospitality industry or otherwise.

Regrettably, not only are our means of accessing the internet improving, but likewise internet crime is also on the increase. Viruses, worms and other programs that can damage our computers are becoming ever more sophisticated. The internet can also be used as a vehicle for perpetrating crime; identity fraud, for example, is a cause for major concern to internet users whose personal details can be vulnerable to computer hackers and the like.

If you're offering the use of an internet service to your guests, whether free of charge or otherwise, it is recommended that you take some simple steps to protect yourself against the possible liabilities flowing from use of this amenity. By ensuring that your guests agree to certain terms and conditions of use, you can seek to minimise the risk of successful claims being made against you either by your guest or, potentially, by a third party.

The following are some basic legal considerations that should be borne in mind if you are offering, or planning to offer, internet access to guests and/or members of the public:

A security warning

You should ensure that guests are aware that the internet service that you provide is over a potentially insecure network and is used at their own risk. You cannot therefore guarantee the security of their data and communications whilst using the service.

It may be helpful to ensure that the guests are made aware of broader security issues that are relevant to any computer connected to the internet. Such general risks range from viruses, worms and other programs that can damage the users' computer, to interception and/or attacks against the computer made by unauthorised third parties. You may wish to, once you have given an indication as to the dangers out there, require that the guests acknowledge those potentially serious risks.

Disclaimers

The inclusion of an "as is" disclaimer would help to ensure that any guest is aware that you do not warrant that the internet service itself, or any information accessible through that service is free of viruses or other harmful components. Similarly, an "as available" disclaimer would highlight that access to the internet via the service may not be uninterrupted or error free.

A fair use policy

Although not strictly a legal point, you may wish to consider drafting a policy that requires the guests to be reasonable in terms of what they download and when they download it in order to ensure that all guests using the service are able to do so with minimum disruption.

This can be extended to oblige any guest to agree that they will not use the internet service, for example, for any illegal purpose.

Liability

This is the very heart of the issue. The key concern is that you may attract liability for any loss that results, for example, from damage caused to any particular guest's computer through the use of the internet service, or for any loss that may result from the fact that any guest was unable to access the internet through your service. You should therefore clearly limit your liability in respect of any such losses.

A further step to take if you wish to adopt a "belt and braces" approach would be to seek an indemnity from the user to protect you against any loss suffered by you or any third party as a result of that guest's use of the internet service.

Next steps

As always, it is important to remember that there is no "one size fits all" answer to this query. The form of disclaimer, and any other practical measures, adopted by a business to address this issue may vary significantly. It is also sensible to conduct a wider review of possible areas of risk, rather than viewing this issue in isolation.

If you would like any further information or advice on this or other copyright issues, please contact Michelmores LLP:

Rehman Noormohamed (Partner - Technology, Media & Communications Team) via email: rxn@michelmores.com

David Thompson (Solicitor - Technology, Media & Communications Team) via email: dit@michelmores.com