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General terms and conditions

I. Preamble

The Xavoy Filmtheater GmbH (hereinafter 'SAVOY movie theatre Hamburg') operates a webshop on the Internet under https://savoy.premiumkino.de, through which movie tickets, vouchers and other items of the movie theater can be purchased and collected on site at the movie theater or obtained by mail order, as well as credit can be loaded onto customer cards of the movie theater. These General Terms and Conditions govern the contractual relationship between the purchaser of cinema tickets, vouchers or other items or the recharging of customer cards in the web store (hereinafter referred to as 'Customer') and SAVOY movie theatre Hamburg.

A. GENERAL TERMS AND CONDITIONS (AGB)

1. scope of application, subject matter of contract, definitions of terms

a) The following General Terms and Conditions apply exclusively to the Internet site under the URL https://savoy.premiumkino.de (hereinafter "Webshop").

b) The operator of the website and responsible for the content is Flebbe Services GmbH, Barmbeker Straße 4, 22303 Hamburg, Germany.

The provider and thus contractual partner of the content offered in the web store is Xavoy Filmtheater GmbH (hereinafter "Provider").

c) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the Customer (hereinafter also referred to as "Buyer").

d) The subject of the business relationship is the purchase of tickets, charging of customer cards, purchase of vouchers and other items, but also the booking of premises for the staging of events.

e) Customers must be at least 16 years of age to place orders in the web store.

To protect children, persons under the age of three are not permitted to attend movie screenings. Children under the age of 7 may only enter the cinema if accompanied by a suitable adult. The accompanying person is obliged to supervise the child at all times.

Please observe the binding FSK regulations and the Youth Protection Act (see also FSK | Youth Protection).

f) Customers can be consumers and entrepreneurs. Consumers in the sense of § 13 BGB are natural persons who conclude the respective legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity. In other cases the customers are entrepreneurs according to § 14 BGB.

g) The offer is not directed at resellers.

2. conclusion of contract and ordering process

a) The presentation of the offers in the webshop does not constitute a legally binding offer, but an invitation to place an order. All offers are valid "while stocks last", unless otherwise noted with the products. Apart from that, errors are excepted.

b) The customer can select products from the provider's range and submits a binding application to purchase the selected products by clicking on the "Order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time.

c) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation).

d) The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. Also a possible transmission of the account data by e-mail for the purpose of payment in advance does not constitute a declaration of acceptance by the provider.

e) In the case of purchase of goods, the contract is only concluded when the provider sends the ordered product to the customer and confirms the shipment to the customer with a second e-mail (shipping confirmation). The address data you provide will be passed on to our transport company in accordance with data protection regulations. The processing takes place on the basis of Art. 6 (1) lit. a DSGVO.

f) In the case of voucher purchases*, ticket purchases or customer card recharges, the contract comes into effect with the confirmation of the order by e-mail. *Validity according to § 195 BGB / limitation period.

g) The transfer of ownership of the cinema ticket takes place when ordering via the website in digital form by e-mail by means of a QR code and pick-up number. The ticket price includes an advance booking fee of 0.70 to 1.00 EUR per ticket, and the total price is the same as the box office price. If desired, the ticket can also be printed out in the cinema at the ticket machines provided, if available, or picked up at the ticket offices. Other items will be shipped to the customer. Charging of customer cards is carried out as a means of payment exchange.

(1a) With the purchase of the tickets at our ticket counter a binding contract is created between you and SAVOY movie theatre Hamburg. Our employees are entitled, as a gesture of goodwill and at their own discretion, to take back tickets up to 30 minutes before the start of the respective performance and to refund the purchase price. A claim for return only exists if the screening does not take place, is interrupted clearly before the credits or as far as the following paragraph (2a) provides for a right of return.
(2a) SAVOY movie theatre Hamburg reserves the right for minor postponements of the starting times and changes of the movie theater. In case of postponements and changes, tickets remain valid, if necessary new seats will be assigned. A return of tickets against refund of the purchase price is possible in case of postponements of more than 30 minutes.
(3a) Insofar as the conditions for a right of return are met, refunds will only be made upon presentation of the original ticket and only before the performance begins. No refunds will be made in the event of loss. It is at the discretion of the cinema to process the refund in cash or cashless, there is no entitlement to a cash refund. SAVOY movie theatre Hamburg is entitled to check the identity of the original ticket purchaser and the person returning the ticket on the basis of official identification documents, if this is possible due to card payment. Refund is excluded in case of missing proof of identity or missing identity for reasons of abuse prevention.
(1b) With the purchase of tickets via our webshop, a binding contract is created between you and SAVOY movie theatre Hamburg. This purchase can be cancelled by you using the cancellation link on the confirmation email directly up to 2 hours before the performance starts.
(2b) For the cancellation/return of tickets purchased online, we charge a processing fee of 10% of the purchase price for the chargeback to the payment method selected when the order was placed. If the option "booking on voucher" or "booking on customer card" (if available) is selected, the processing fee is reduced to 5%. Vouchers that you have redeemed for your order at the time of purchase can be used again after successful cancellation. In this case you will receive the voucher code by mail.
(3b) Tickets for special events, private screenings, live broadcasts and concerts, drive-in cinema or other special screenings are generally not cancelable.

h) It is the customer's responsibility to physically collect the cinema ticket purchased in the online store from the ticket machines provided (if available) or to keep the electronic ticket available upon admission.

i) Digital vouchers and digital gift boxes are sent by e-mail after payment has been made via the online store, activated on the following day of purchase and can be printed out at home or conveniently redeemed via smartphone when visiting the cinema.
Vouchers are generally only valid for the selected cinema and can be redeemed when purchasing tickets and / or snacks. Exchange, return and cash payment are excluded. It is not possible to use the voucher credit without presenting the voucher. In case of loss, theft or damage, neither the voucher nor the credit available on the voucher will be replaced. Lost vouchers or vouchers used without your consent cannot be blocked. The cinema reserves the right to refuse a payment with voucher in individual cases, if the reading of the voucher is not possible due to damage or due to a technical malfunction.
No redemption of cinema ticket vouchers is possible for special events, private performances, live broadcasts (Metropolitan Opera, Bolshoi Ballet) or other special performances. In individual cases, depending on the event, redemption by means of a surcharge is possible.

j) 25€ rechargeable voucher card
The 25€ voucher card will be sent to you by mail. It can be used online as well as in the cinema SAVOY movie theatre Hamburg when buying tickets and at the snack counters. Additional payments are possible at any time. When redeeming the voucher card, the credit balance on the card is decisive. You can find out about the current credit amount by presenting it at the box office. It is not possible to use the card credit without presenting the voucher card. In case of loss, theft or damage, neither the card nor the credit balance on the voucher card will be replaced. Unfortunately, lost voucher cards or those used without your consent cannot be blocked.
The voucher card is loaded with a credit of 25€ at the time of shipment. The credit can be topped up by presenting the voucher card at the SAVOY movie theatre Hamburg cinema. The recharge amount is variable selectable, the minimum recharge amount is 10€.
For shipping costs, see the current price table in the online gift store.

k) 5er cinema ticket
The transfer of the 5er cinema ticket takes place in digital form by means of a QR code or as a physical card. One voucher of the 5-cinema ticket can be redeemed for one performance per cinema ticket purchase (maximum 5 transactions). Valid for loge and stalls at all regular film screenings in 2D (surcharge applies for 3D). Special events, private screenings, live broadcasts, drive-in cinema or other special screenings are excluded.
The digital 5er cinema ticket is sent by e-mail after payment has been made, activated within 30 minutes and can be printed out at home or conveniently used via smartphone.
The 5er cinema ticket is valid for 3 years from the date of purchase.

l) Guests with a severely disabled B ID can book a seat of your choice for themselves. This choice is not limited exclusively to the wheelchair seats. Please note that not all seats are barrier-free and accessible with wheelchairs.
By presenting the B ID card, you have the option of taking an accompanying person with you to the cinema. For this companion, you can book a seat of the same price category of the seat you have chosen free of charge. To do this, select the item "Accompanying person ID B" in the menu. The ticket price will be adjusted accordingly.
Please have your severely disabled person's ID B and a photo ID ready when you enter the building and show them without being asked. If you require assistance from our team on site, please let us know.

3. Retention of title

Until complete payment the delivered goods remain the property of the supplier.

4. Booking of premises for the organisation of events

a) The following provisions in this section are only relevant when it comes to the booking of premises for the staging of events. In this case, the subject matter of the contract is the temporary provision of premises and facilities for events in the Provider's cinema building (including individual halls and/or foyer areas) to the Customer as well as the provision of services accompanying the event. The use of the outdoor banner area is, if at all, only possible in connection with a hall rental and prior motif approval by the Provider. The procurement and assumption of costs of necessary licenses under public law (such as GEMA) as well as compliance with legal regulations and official requirements is the responsibility of the customer.

b) In the case of the booking of premises for the staging of events, the contract shall only come into effect upon receipt of the Customer's order confirmation issued by the Provider in writing.

c) The customer is solely responsible for the content of the event. He undertakes to refrain from presentations and performances that violate legal regulations or morality. Also the violation of private rights or industrial property rights of third parties are to be refrained from.

d) Subletting of the premises by the customer is not permitted.

e) All rights and obligations of the contract may only be transferred to third parties with the prior written consent of the Provider.

f) The Customer shall bear the fees and taxes arising in connection with the holding of the event.

g) In the rented space may be carried out by the customer only after prior consultation and prior express written consent by the provider conversion work and decorative material attached, hung, set up or used.

h) Use of the electricity and data network available in the building is only possible after prior agreement with the Provider. It is the sole responsibility of the customer to comply with existing safety regulations, technical requirements and regulations.

i) The Customer undertakes to submit to the Provider a detailed schedule including the exact set-up, event and dismantling times, an overview of all trades, as well as event-relevant organizational and technical details and requirements no later than two weeks before the planned date of the event. In the case of short-term events (i.e. if there are less than two weeks between the conclusion of the contract and the day of the event), the above information must be communicated to the Provider without delay.

j) The customer is solely responsible for the implementation, the safety of the event and for compliance with and observance of all existing legal and official requirements, regulations and permits, in particular the provisions of the Youth Protection Act, copyright, the Trade Regulations, the Occupational Health and Safety Act, the Working Hours Act, the accident prevention regulations of the professional associations and the VStättV and at his own expense. All official and legally required registration and notification obligations as well as the obtaining of permits are to be obtained by the Customer and presented to the Provider prior to the start of the event.

k) The Customer undertakes to admit only the maximum permissible number of visitors to the respective premises.

l) Basically, superstructures in front of and next to the house are possible due to the existing basement with a maximum surface load of 1000 kilograms per square meter. If a vehicle is to be placed in front of or next to the house, the maximum area load of 1000 kilograms per square meter shall not be exceeded. In addition, truck spreader plates shall be placed underneath to protect the ground.

m) Catering before, during and/or after the event shall be provided exclusively by the provider or by their contracted catering service providers, unless otherwise agreed in writing in the contract. Billing shall be based on actual consumption. Bottles that have been opened shall be deemed to have been actually consumed in full.

n) The Customer undertakes to take out organizer's liability insurance appropriate to the type and scope of the event and to present this to the Provider before the start of the event.

o) The Customer is required to inspect the rented space and rented items immediately after the premises have been made available and, if any defects are found, to report them to the Provider (obligation to inspect). If the customer wishes to use the stage, he undertakes to draw up a handover protocol with the provider, which records the absence of damage to the screen, among other things. If the customer fails to fulfill the obligation to inspect and report any damage, any subsequent claims for damages are excluded. Unless the defects were not recognizable upon inspection and the causation of the damage is attributable to the provider.

p) The customer agrees that the provider can make image and sound recordings at any time and approves with the signing of the contract, without claim to remuneration, the possible distribution of the image and sound recordings via the Internet or other communication channels.

q) If the customer plans to use the cinema projectors, he is obliged to make all picture and sound material available to the customer for viewing at least two weeks before the event date. If the date of the event is less than two weeks when the contract is concluded, the material must be submitted without delay.

r) The customer shall ensure that the image and sound material is free of viruses and other risks that could impair the in-house technology. If damage (both to the provider and to any third parties) occurs to the in-house technical equipment, the customer shall be liable.

s) The customer has the possibility to use the in-house WLAN network within the scope of his event. The access data required for this may not be passed on to third parties. The provider gives no guarantee for the availability and security of the WLAN network. The customer must ensure secure data transmission.

t) The Customer undertakes to restore the areas of use to their original condition by the agreed end of the event, to completely remove all objects, decorations, superstructures brought in by the Customer and to remove any damage caused by the Customer.

u) Proper waste disposal (such as packaging materials, information brochures, etc.) is the responsibility of the customer. The provider reserves the right to remove or have removed by third parties any items attached or left behind in the event of non-compliance. Any costs incurred in this regard will be charged to the customer. There is no custody obligation by the provider.

5. Termination of contracts for the booking of premises for the execution of events

a) The customer may terminate the contract by giving one week's notice.

b) If the customer makes use of this right of termination, the provider is entitled to charge the customer a lump-sum compensation as follows: Time of receipt of the cancellation by the provider

more than four weeks before the start of the event: 25% of the total price offered and confirmed

more than two weeks before the start of the event: 70 % of the total price offered and confirmed

less than two weeks before the start of the event: 90 % of the total price offered and confirmed.

The customer has the right to prove a lower damage.

c) The right of both parties to terminate the contract without notice for good cause remains unaffected.

d) Termination of the contract must be in writing.

6. Prices, shipping costs, delivery restrictions

a) All prices stated in the web store are inclusive of the applicable statutory value added tax.

b) When booking premises to hold events, the provider is entitled to charge the customer a down payment of up to 80% of the quoted and confirmed costs (100% for companies based abroad).

c) Insofar as the costs for shipping are to be borne by the customer, these will be communicated to the customer prior to the order.

7. Payment modalities

a) Payment for items of the webshop shall be made via the means of payment specified there.

b) Payment for venue bookings (e.g. events, premieres, screenings, etc.) is made by bank transfer to one of the accounts indicated on the invoice. Credit card and PayPal payments are not accepted.

c) Otherwise, payment of the purchase price is due 14 days after receipt of the invoice. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. If prepayment is agreed, payment is due immediately after conclusion of the contract.

8. Note on the right of revocation

a) The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

b) This section is not part of the statutory cancellation policy.

c) As a gesture of goodwill, the Provider reserves the right to take back cinema tickets up to 2 hours before the start of the performance for a handling fee, despite any exclusion of the right of revocation. In this case, the ticket price will be credited minus a handling fee (see "General conditions for your visit to the cinema § 3").

9. Warranty for material defects, guarantee

a) The statutory right to claim for defects shall apply.

b) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the item description for the respective item.

10. Liability

The statutory liability law applies.

11. Note on online settlement of disputes

The EU Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr .

12. Data protection

a) The provider processes personal data of the customer for a specific purpose and in accordance with the legal provisions of the DSGVO and the BDSG.

b) For further information, please refer to the privacy policy.

13. Final provisions (Written form, applicable law, contractual language, contractual text, place of jurisdiction)

a) Subsidiary agreements, amendments or supplements to this contract as well as all declarations and agreements relevant to the contract must be in writing to be binding. E-mail and fax shall also be sufficient for the written form.

b) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions to the contrary apply.

c) The contract language is German, as far as no compelling regulations oppose it.

d) The provider stores the text of the contract and sends the order data to the customer by e-mail. The customer can also view and download the GTC at any time on the sales portal of the provider in the web store.

e) If the customer is a merchant, a legal entity under public law or a special fund under public law, the court district with the registered office of the provider is the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider.

B. REVOCATION INSTRUCTION

Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (Xavoy Filmtheater GmbH, Barmbeker Straße 4, 22303 Hamburg, Phone: 01805 - 777 966, E-mail address: info@hamburg.astor-filmlounge.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Note on the right of cancellation (not part of the cancellation policy) - Return of cinema tickets

The right of cancellation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision (§ 312 g para. 2 No. 9 BGB), i.e. scheduled cinema tickets. In this case, we offer a cancellation / refund option as a gesture of goodwill (see GTC §2.g) as well as "Terms of Visit | General Conditions for Your Cinema Visit §3").

In particular, the provisions on distance contracts within the meaning of § 312c of the German Civil Code (BGB) do not apply, as the purchase of cinema tickets linked to a performance is to be assigned to the area of leisure activities and the ticket purchase concerns a specific performance (§ 312g para.2 no. 9 of the German Civil Code (BGB)). On a goodwill basis SAVOY movie theatre Hamburg can provide for a redemption in individual cases; however, there is no corresponding claim.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, quality and functioning of the goods.

End of the cancellation policy

C. PATTERN REVOCATION

(If you want to cancel the contract, please fill out this form and send it back.)
To
Xavoy Filmtheater GmbH
Barmbeker Straße 4
22303 Hamburg

Phone: 01805 - 777 966
E-mail address: info@hamburg.astor-filmlounge.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

……………………………..

Ordered on (*)/received on (*)
……………………………..

Name(s) of consumer(s)
……………………………..

Address of consumer(s)
……………………………..

Signature(s) of consumer(s) (only for paper communication)
……………………………..

Date

(*) Delete as appropriate.