What are the terms and conditions?
In case of any discrepancy between the meanings of any translated versions of the ‘ Algemene Voorwaarden’, the meaning of the original Dutch language version (‘Algemene Voorwaarden’) shall prevail.
Article 1. APPLICABILITY AND DEFINITIONS
1. The following terms shall have the following meanings for all purposes of this document:
- Subscriber: the natural person that made an agreement with Cineville, referred to as Subscription;
- Subscription: the written agreement between Cineville and the Subscriber, which grants the Subscriber the right to unlimited access to all regular movie screenings at Movie Theaters affiliated with Cineville, throughout the duration of the agreement, for a monthly fee, subject to the conditions described below;
- Cineville card: a card which is supplied by Cineville to the Subscriber, which serves as proof of the Subscription;
- Movie Theaters: a movie theater affiliated with Cineville;
- Cineville: Cineville B.V., www.cineville.nl, firstname.lastname@example.org, post address: Antwoordnummer 11689, 1000 RA Amsterdam, incorporated at the Chamber of Commerce under ref. 54062179;
- Customer Service: the customer service of Cineville, to be contacted at email@example.com or by letter. Post address: Antwoordnummer 11689, 1000 RA Amsterdam;
- Movie Screening: every regular movie screening in a Movie Theater, with certain private screenings, special previews, retrospectives, movie marathons, 3D screenings and certain festivals and other events excluded. A Movie Screening does not include possible Surcharges.
- Visitor Terms and Conditions: the visitor terms and conditions of the Movie Theaters affiliated with Cineville
- Subscription Fee: the monthly costs for the Subscription, which are charged to the Subscriber.
- Surcharges: costs that are not included in the Movie Screening,
2. These Subscription Terms and Conditions shall apply to the legal relationship between the Subscriber and Cineville.
3. The legal relationship between Cineville and the Subscriber shall also be subject to the Visitor Terms and Conditions of the Cineville affiliated Movie Theater visited by the Subscriber and Cineville’s privacy declaration. The Subscriber declares to be familiar with these Visitor Terms and Conditions. Should any term be inconsistent with a term of the Subscription Terms and Conditions, the term of the Subscription Terms and Conditions shall prevail.
4. Cineville reserves the right to modify the Subscription Terms and Conditions. Minor changes shall be accepted by the Subscriber without further actions. Cineville shall inform the Subscriber of significant changes, which are disadvantageous for the Subscriber, by e-mail or post one month before the change takes effect. The Subscriber is free to reject these changes. Furthermore, the Subscriber is free to give notice of cancellation of the Subscription. In that case, the agreement will be terminated the moment the amended terms become effective.
5. In the case one of the terms of these Subscription Terms and Conditions is declared void, the validity of the Subscription Terms and Conditions will not be affected.
Article 2. SUBSTANCE AND USE OF THE CINEVILLE CARD
1. The Subscription is personal and non-transferable.
2. Cineville shall provide the Subscriber a Cineville card that includes the Subscriber’s name, the start date of the Subscription and a photo of the Subscriber. The Subscriber shall submit this info at the time of the (online) ordering process. The Cineville card shall serve as proof of the Subscription.
3. The Subscription grants the Subscriber the right to unlimited access to every regular Movie Screening in a Movie Theater, except when there are no longer entry tickets available for a Movie Screening.
4. Cineville reserves the right to deny a Subscription to, amongst others but not limited to, persons whose Subscription was ended conform Article 3.5 of these Subscription Terms and Conditions.
5. The Subscriber must obtain an entry ticket for all Movie Screenings he or she wishes to attend. This is done by the presentation of the Cineville card at the Movie Theater where the Movie Screening will take place. The entry ticket will only be valid in combination with the Cineville card.
6. The Subscriber shall, upon presentation of his or her Cineville card, have the right to obtain one entry ticket per Movie Screening.
7. The entry ticket can be picked up at the cash register of the Movie Theater where the Movie Screening will take place, maximum 90 minutes before the start of the Movie Screening.
8. An entry ticket for the next Movie Screening can only be picked up 90 minutes after the start of the Movie Screening for which an entry ticket has already been picked up.
Article 3. DURATION AND CANCELLATION OF THE SUBSCRIPTION
1. The minimal period of the Subscription is 4 full calendar months, subject the provisions of article 3.5 and further.
2. The Subscription may be canceled subject to the minimum subscription period of four months, including a notice period of at least one calendar month.
3. In the case the Subscription is purchased online a reflection period of 14 days applies, starting from the day of reception of the temporary Cineville card. The Subscriber may cancel the purchase without providing reasons, under the condition that the Subscription has not yet been used. The Subscription Fee shall be returned to the Subscriber.
4. Cancellation is effected by:
a. emailing to firstname.lastname@example.org, or
b. sending a letter to Cineville’s post address: Antwoordnummer 11689, 1000 RA Amsterdam
A valid cancellation includes at least the preferred date of termination and the name under which the Subscriber is known at Cineville. A Cineville card can only be canceled by the Subscriber him- or herself.
5. Cineville reserves the right to cancel the Subscription immediately if the Subscriber:
a. has provided Cineville with incorrect information;
b. has committed fraud in using the Cineville card;
c. has not fulfilled the payment obligation as stipulated in article 4;
d. does not comply with the Visitor Terms and Conditions of the visited Movie Theater.
In the above cases, the Cineville card of the Subscriber shall be blocked.
6. In the case Cineville has canceled the Subscription on the basis of one of the grounds mentioned in section 5 of this article and the minimal subscription period has not been fulfilled yet, the Subscriber is held to pay the remaining part of the costs of the minimal subscription period. The Subscriber has no right to refunds of Subscription Fees that have already been paid for.
7. In the case Cineville has canceled the Subscription on the basis of one of the grounds mentioned in section 5 of this article, Cineville reserves the right to reject that person as a new Subscriber.
8. In the case a Subscription which has been active for less than one year is cancelled by the Subscriber and the former Subscriber wishes to reactivate the Subscription or to enter into a new Subscription within one year after cancellation of the former Subscription, the minimum period of 4 full calendar months applies, as well as a single payment of €25,00 that will be collected by Cineville via preauthorized debit (automatische incasso).
9. Cineville is entitled to end her services with regard to the Cineville card at all times. Cineville cannot be held responsible for any damage suffered by the Subscriber as a result of the termination of the services of the Cineville card. Cineville shall refund pre-collected Subscription Fees to the Subscriber within a reasonable period of time.
Article 4. SUBSCRIPTION FEE AND PAYMENT
1. The Subscription Fee equals €21,- per calendar month, VAT included. Cineville reserves the right to change the price of the Subscription. Cineville shall inform the Subscriber of this by e-mail one month before the price change takes effect. The Subscriber is free to reject the price adjustment. In that case, the Subscriber is free to give notice of cancellation of the Subscription, which will be terminated the moment the adjusted price comes into effect, as mentioned in article 3.4.
2. The Subscription Fee shall be owed monthly and shall, with the exception of the initial installment, be paid each month by preauthorized debit (automatische incasso). The initial installment must be paid directly at the movie theater’s cash register or can be paid online via an iDeal payment. By paying the initial installment online or at the cash register of a Movie Theater, the Subscriber activates the monthly pre-authorized debit (automatische incasso). The bank account number used by the Subscriber to fulfill this payment and/or the bank account number which has been provided by the Subscriber in the ordering process shall be used by Cineville for the monthly pre-authorized debit (automatische incasso) and the following installments of the Subscription Fee.
3. The initial installment shall be calculated proportionately to the number of days remaining for the month concerned, with the maximum payment being €19,00. If the Subscription starts after the 20th of the month, the Subscriber shall also pay in advance for the whole following calendar month.
4. By signing and/or confirming the Subscription agreement, the Subscriber thereby authorizes Cineville, or a third party appointed by Cineville, to collect the monthly Subscription Fee.
5. The payment of the Subscription Fee at the cash register of a Movie Theater is not possible, subject to the initial payment of the first term.
6. In the case of online ordering of the Subscription of the Cineville card, Cineville will send a temporary Cineville card (in PDF format) to the e-mail address provided by the Subscriber after he or she has fulfilled the initial payment of the first term via iDeal.
7. Cineville reserves the right to (temporarily) render the Cineville card invalid in the case an installment of the monthly Subscription Fee is not processed, for whatever reason. The Cineville card shall be put back into service once the Subscriber has transferred all installments of the Subscription Fee owed to Cineville. The Subscriber has no rights to refunds of the Subscription Fees over the period in which the Cineville card was out of service. The monthly Subscription Fee will not be suspended when the card is taken out of service. The minimal period for the Subscription of 4 whole calendar months is not affected by the suspension of the card.
8. In the case the Subscriber does not meet the payment obligations as described in these Terms and Conditions, the Subscriber shall owe the ensuing collection costs and any interest costs. Cineville shall also transfer the claim for payment to a collection agency to be designated by it. The costs that Cineville must reasonably incur because of this breach by the Subscriber shall be charged to the Subscriber.
Article 5. DELIVERY TIME
1. In the case the Cineville card is bought at the cash register in a Movie Theater, the Subscriber shall be provided with the Cineville card straight after the initial payment.
2. In the case the Cineville card is bought online, the Subscriber shall be provided with a temporary Cineville card (in PDF format) within 24 hours. The temporary card will be sent to the communication e-mail address. Cineville strives to send the official Cineville card within 5 working days. The delivery time cannot be marked as a final deadline. Delays can be caused by multiple reasons.
Article 6. LOSS, THEFT OR DAMAGE OF THE CINEVILLE CARD.
1. Loss, theft or damage of the Cineville card shall be reported to Cineville as soon as possible.
2. After the notification as meant under provision 1 of this article, a new Cineville card will be sent to the Subscriber. In the case of damage, the damaged Cineville card shall be sent to Cineville or handed in at the cash register.
3. In the case no damaged card is returned to Cineville, either by letter or by handing it in at the cash register, a substitute Cineville card will cost €10,00. Cineville shall have the right to collect this money via preauthorized debit direct (automatische incasso)
4. The Subscriber has no right on refunds of the Subscription Fee over the period in which the Cineville card could not be used as a consequence of a damaged, lost or stolen card.
Article 7. CUSTOMER DATA
1. The Subscriber shall notify Cineville immediately concerning changes in the Subscriber’s personal data, such as changes in the name, address, e-mail address or bank account number of the Subscriber.
2. Cineville shall never be liable for incorrectly entered data by the Subscriber. Potential damage – in any form whatsoever – suffered by the Subscriber as a direct result of incorrectly entered data shall not be refunded by Cineville. The risk of the correctness and completeness of the information provided by the Subscriber lies entirely with the Subscriber.
3. More information on your (customer) data that are used by Cineville in order to provide you a Subscription, can be found in the privacy statement.
Article 8. CUSTOMER SERVICE
1. For questions or complaints about these Subscription Terms and Conditions or the use of the Subscription, payments, loss, damage and/or theft of the Cineville card, canceling the subscription and/or changing subscriber data, please contact Cineville Customer Service, to be contacted at email@example.com or via letter. Post address: Antwoordnummer 11689, 1000 RA Amsterdam.
Article 9. UTILIZATION OF THIRD PARTIES
Cineville may employ third parties in carrying out the Subscription. More information about these third parties can be found in the privacy statement.
Article 10. APPLICABLE LAW
Dutch law shall apply to any legal relationships between Cineville and the Subscriber. In the case of a dispute, the case shall be submitted to the competent court in Amsterdam.