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General Terms and Conditions Customer Card

General

 

The SAVOY movie theatre Hamburg loyalty card is an offer of Xavoy Filmtheater GmbH, Barmbeker Straße 4, 22303 Hamburg (hereinafter referred to as "Cinema").

 

The customer card is offered as a digital version and as a physical card. Both versions are referred to below as "customer card".
The corresponding contract between the customer of the cinema (hereinafter referred to as the "Cardholder" or "Participant") and the cinema on the use of the Customer Card together with participation in the bonus system shall be concluded upon activation of the digital Customer Card or upon acceptance by the cinema of the application for a physical Customer Card signed by the Participant.


 The customer card can be used by the cardholder on the one hand as a rechargeable customer card, the conditions of participation of which are listed in this section "General" and below in section 1, and on the other hand as a participation card in the bonus system, the conditions of participation of which are listed in this section "General" and below in section 2. The provisions of Section 3 supplement Sections 1 and 2, i.e. these apply both to the use of the Customer Card as a reloadable customer card and to participation in the bonus system.


The customer card can be created digitally directly on the website or physically applied for and issued at the cinema using the application for admission. The physical card is issued a few days after receipt of the application by mail. In individual cases, the card is personalized and issued directly at the box office. The cinema remains the owner of the customer card even after it has been issued. The cardholder must ensure that he/she meets the technical requirements in the event of ordering the digital customer card.

By consenting to the customer card bonus program, the customer card holder agrees that the data provided by him/her may be processed and used for advertising purposes relating to the customer card by e-mail. 

Customers can only be natural persons who are at least 16 years old and have their general residence in Germany.

 

1. Rechargeable customer card

 

1.1 General, loading of the card, liability for return debit note costs:
The customer card can be used by the cardholder as a customer card that can be loaded with monetary amounts, whereby the respective minimum loading amount is €10.00. The customer card can be used exclusively for the payment of cinema tickets and gastronomic articles at the box offices and counters as well as for the payment of gastronomic articles in the log-in service. The customer card can only be used to pay for services to the extent that there are corresponding credit amounts on the customer card. Transfer of the customer card to third parties, use of the card by third parties and payment of the credit balance on the customer card is excluded. 

The cardholder can load the customer card either at the box office of the cinema or via the Internet (see general terms and conditions). 

Each customer card has a PIN number when issued, which is stored in the cinema's EDP system. This is printed out separately when the physical card is issued. With this PIN, the cardholder can view and manage his personal data on the https://savoy.premiumkino.de website and purchase cinema tickets with a sufficiently loaded customer card and the PIN under https://savoy.premiumkino.de.

1.2 Special Duties of Care:
 In the event of a loss of the customer card, the cardholder is obliged to notify the cinema of the loss immediately.

1.3 Liability of the subscriber in the event of loss and misuse:The cardholder carries the risk in the event of misuse of his/her PIN and customer card.

 

2. Bonus system of the customer card

2.1 General:

Participation in the bonus system begins with the signing of the application form and the transfer of the physical customer card to the cardholder or the digital link to the customer account. The customer card entitles the cardholder to collect bonus points on the customer card account. The bonus points are not transferable and cannot be converted into cash and paid out.

 

2.2 Bonus points acquisition:

The cardholder receives a maximum of 2 points per cinema visit for 2 purchased tickets per screening from the regular film program. Live broadcasts, special events or other special formats are excluded from this in individual cases.

Bonus points can only be credited to the cardholder's bonus account if the customer card is presented at the box office before the end of the checkout process. For bonus points to be credited to online orders, the customer card must be linked to the customer account. A subsequent registration of bonus points is excluded. The bonus point balance can be called up at any ticket office or via the website.

 

2.3 Rewards:

Customer cardholders can redeem bonus points for rewards. Bonus points cannot be redeemed for vouchers. Bonus points cannot be redeemed for tickets to special events and other special formats (e.g. operas, film nights, live broadcasts or other special formats and series). A redemption of bonus points against a premium can only take place on the following day of the acquisition of the respective number of bonus points and thus the last bonus point. a movie ticket can only take place on the following day of the acquisition of the 9th and thus the last bonus point.

 

2.4 Expiry of bonus points, reversal, participant's duty of care:

All bonus points expire automatically if the participant has not collected any further bonus points for a period of 18 months. Furthermore, the collected bonus points will expire if the participation relationship is justifiably terminated by the cinema due to the participant's breach of duty (please refer to section 1.3.). The participant is solely responsible for the safekeeping of the customer card and the PIN. The customer card must be stored carefully at all times to prevent misuse. In the event of loss of the customer card, the cinema must be notified immediately. In the event of loss, theft or destruction of the customer card or the magnetic strip on the card, there is no entitlement to replacement of the customer card and the stored bonus points.

 

2.5 Cancellation of online purchases:

By purchasing tickets through our webshop, a binding contract is created between you and SAVOY movie theatre Hamburg. This purchase can be canceled by you using the cancellation button located on the confirmation email below as well as the cancellation link located on the eTicket directly up to 2 hours before the performance begins. 

You can also cancel individual seats of an order via the link if you have paid via PayPal or credit card. The respective ticket price will be refunded to you. If you paid via voucher or customer card, we will be happy to help you with a single seat cancellation. Please contact us before the performance begins. 

For the cancellation/return of online tickets, we generally 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%. 

Orders paid for with a customer card will be refunded to the customer card / customer account if the option "Booking on customer card" is selected. The credit is thus available again.

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 an e-mail with the corresponding voucher code.

Please note that tickets for special events, private screenings, concert & live broadcasts, drive-in movies or other special screenings are generally not cancelable.

 

Note on the right of cancellation

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 of time 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 performance-based cinema tickets is part of the area of leisure activities and the ticket purchase concerns a specific performance (§312g para.2 no. 9 BGB). On a goodwill basis SAVOY movie theatre Hamburg can provide for a redemption in individual cases; however, there is no corresponding claim.

 

3. Termination of contract, changes of the general terms and conditions, termination of the bonus system, data protection, general provisions

 

3.1 Termination of the Contract:

The participant may terminate his participation in the bonus system and the use of the physical customer card at any time in writing and without notice. The termination of a digital customer card must be made by the participant directly in the customer profile. The participant is obliged to return his/her physical customer card to the cinema no later than 6 weeks after termination of participation in the bonus system. 


The contractual relationship may be terminated by the cinema with 2 weeks' notice to the end of a month. The cinema may terminate the contractual relationship with the participant without notice with effect for the future if there is an important reason for doing so. Such a reason exists in particular if the participant seriously violates the conditions of participation, misuses the customer card or makes false statements to the cinema when handing out the customer card, or seriously violates the house rules of the cinema. In particular, but not conclusively, there is an important reason for termination:

 

  • in case of temporary and / or permanent transfer of the customer card to a third party for the purpose of use and / or sale or other permanent transfer of the card to third parties
  • in the event of manipulation or damage for the purpose of deception
  • in case of other misuse of the customer card

 

If the contractual relationship is terminated by the cinema, the participant is also obliged to return the physical customer card to the cinema within 6 weeks after termination of the contract.

If at the time of termination of participation in the bonus system there is still a bonus point balance on the customer card, the participant can redeem it for the corresponding rewards within one month after termination of the contractual relationship between him/her and the cinema; thereafter, unredeemed bonus points expire without replacement.

In the event of termination, a refund of loaded monetary credit is excluded.  The cardholder must ensure that there is no remaining credit on the card.

 

3.2 Changes to the conditions of participation and the points system:

The cinema reserves the right to amend and/or change the conditions of participation at any time; in particular, the cinema reserves the right to change the bonus system as a whole and/or its structure as well as the bonus regulations and here in particular also the number of bonus points to be spent for a certain bonus. Changes or amendments to the conditions of participation will be announced by notification in text form. They shall be deemed to have been approved if a participant continues to use his/her customer card or card number or if he/she does not lodge an objection in writing with the card issuer within one month of notification. The consequences of a failure to object shall be specifically pointed out at the time of notification. If the Participant objects to the amendment of the Terms and Conditions, it may terminate its participation in accordance with Section 3.1. by ordinary termination.

 

3.3 Termination of the system and use:

The cinema reserves the right to discontinue the bonus system and the use of the customer card at any time or to replace it with another system; in this case, the cinema will terminate the participation agreements properly in text form.

 

3.4 Data protection / use of data:

The data provided by the participant to the cinema (surname and first name, date of birth, e-mail address and any other data voluntarily provided by the participant) will be stored by the cinema only to the extent and for as long as required for the administration of the loyalty card, the use of the loyalty card as a reloadable loyalty card and for the purpose of implementing the bonus system, unless the participant has given his or her separate express consent to any further use of the data. The legal basis for the processing follows from Art. 6 para. 1 lit. b DSGVO. Furthermore, for the purpose of proving the services received in connection with the management of the bonus account and for accounting purposes, the services paid for with the customer card, the time of card use and the individual turnover made with the customer card are additionally stored.

The participant can request information in writing about which data about him/her is stored at Kino. If the participant terminates the use of the customer card, all collected data will be deleted as soon as the participant deletes his digital customer card in the customer profile or returns his physical customer card to the cinema or confirms in writing that he has lost the customer card. Insofar as the participant no longer wishes to permit the further use of the data provided by him/her already during participation, he/she may revoke the consent to the use of his/her data vis-à-vis the cinema in text form. In this case, the cinema will delete the customer's data, unless this data is absolutely necessary for the administration of the customer's customer card. In this case, however, the cinema will inform the customer which data must still be stored. Insofar as the customer card was also used as a reloadable customer card, the cinema is entitled to store the collected data for as long as this is required by the specifications of proper accounting or for the purpose of providing evidence of the services received by the participant.

 

Further information on data protection (in particular on data protection claims) can also be found on the cinema's website https://savoy.premiumkino.de.

 

4. Competitions for customer card holders


4.1 Conditions of participation in competitions:

  • Participation exclusively for customer card holders of the movie theaters of premiumkino.de
  • Participation from the age of 18
  • Closing date according to the specified date
  • Prize cannot be exchanged for other goods, services or cash
  • Participants agree to the use of personal data for the purpose of determining and sending the prize


4.2 General:

Participation in the competition is free of charge. Natural persons (m/f/d) who have reached the age of 18 are eligible to participate. Participation is limited to customers with an active customer card and is not dependent on the purchase of goods or services. Employees of the organizer and its affiliated companies and their family members as well as employees of any sponsors/cooperation partners of the competition and their relatives are not eligible to participate in the competition. In addition, the organizer reserves the right, at its own discretion, to exclude persons from participation if there are justified reasons, for example

  • in the event of manipulation in connection with the implementation of the competition
  • in the event of breaches of these conditions of participation
  • in the event of untruthful or misleading information in connection with participation in the competition.

Participation is only possible until the stated closing date. Entries received after the closing date will not be considered in the draw. Late participation due to technical problems is excluded.

 

4.3 Winning, notification and transmission of the prize:

The winners will be determined as part of a random draw among all participants.

If the competition is linked to a task, only those participants who have completed the task correctly will be entered into the prize draw.

The winners of the prize draw will be notified by the organizer by email within one week of the closing date. If the winner does not respond within one week of being notified, a new winner will be chosen. There is no obligation to accept the prize.

The prize will only be handed over to the winner. It is not possible to exchange the prize, collect it yourself, assign the prize (including its individual components or a prize substitute) or pay out the prize in cash. Prizes in kind will be sent to the winner by post to their home address; the organizer will bear the shipping costs for this. The winner is responsible for paying any taxes on the prize.

Personal data must be provided in order to take part in the competition. The participant assures that the personal details provided, in particular first name, surname and e-mail address, are true and correct. In the case of non-cash prizes, further personal data, such as address, will be requested from the winners after the end of the competition as part of the prize notification. The data will only be used in connection with the execution of the contract and beyond that only with the consent of the participant(s).

Further regulations on the handling of personal data can be found in the privacy policy at premiumkino.de.

 

4.4 Liability:

The organizer is not liable for damages caused by errors, delays or interruptions in transmission, malfunctions of the technical equipment and service, incorrect content, loss or deletion of data, viruses or in any other way during participation in the competition, unless such damages have been caused intentionally or through gross negligence by the organizer (its organs, employees or vicarious agents). The above limitation of liability shall not apply in the event of injury to life, limb or health or in the event of fraudulently concealed defects.


4.5 Applicable law:

The competition is subject exclusively to the law of the Federal Republic of Germany. Mandatory provisions of the country in which the participant usually resides remain unaffected by the choice of law. Recourse to the courts is excluded.

 

 

Status 01/06/2024

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