Terms & Conditions
INTRODUCTION TO TERMS AND CONDITION OFTHE LUXE CINEMA
The following terms (the "Terms") apply to any use by a visitor (the "User") of Cinema 365 Ltd trading as The Luxe Cinema Web Site (the "Web Site"), and should be read carefully before any such use.
By accessing or using the Web Site, the User accepts and agrees to be legally bound by the Terms and acknowledges that The Luxe Cinema as the owner and operator of the Web Site, has the right to amend or vary the Terms and any of the contents of the Web Site from time to time at its sole discretion. Amendments or variations will take effect when they are posted on the Web Site and, as a result, the User should check the current version of the Terms each time he/she uses the Web Site. The Terms, as amended or varied from time to time, apply to all use of and access to the Web Site, both now and in the future.
Separate terms and conditions may apply for any purchases made through the Web Site. If so, such separate terms and conditions will be presented at the time of such purchases.
THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LUXE CINEMA AND ITS AFFILIATES AND SUBSIDIARIES (TOGETHER THE LUXE CINEMA), AND IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND ANY OF ITS THIRD PARTY INFORMATION PROVIDERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, HOWEVER ARISING RESULTING FROM ANY VIOLATION OR BREACH OF THE TERMS BY THE USER
Although The Luxe Cinema has attempted to provide accurate information on the Web Site, The Luxe Cinema assumes no responsibility for the accuracy or completeness of such information. The User releases The Luxe Cinema, and all of their officers, directors, agents and employees, from any liability, for any claims, losses or damages arising out of or in any way connected with the User's use of the Web Site.
To the fullest extent permitted by law, The Luxe Cinema shall not be liable to any person or entity for any direct, indirect, special, consequential or incidental damages, including (without limitation) lost profits or revenues, loss of opportunity, costs of replacement goods or services, loss or damage to data or business interruption, arising out of or related to:
(a) any access to or use of or inability to access or use the Web Site, any other hyperlinked web site or any other information or product included or described within the Web Site; or
(b) any person or entity's reliance on the information presented,
in each case whether arising in tort (including negligence), contract or otherwise even if the User has advised The Luxe Cinama of the possibility of such damages.
All information and content provided on the Web Site is provided "as is" without representation or warranty of any kind, either expressed or implied. Without limiting the foregoing, The Luxe Cinema does not represent or warrant that the Web Site or any of its contents are accurate, current, complete, free from technical or typographical errors, free from changes or harmful components introduced by third parties or free from periodic interruption or errors of any other type. The Luxe Cinema may revise the information or change the products or services mentioned on the Web Site at any time without notice. Any mention of non-Luxe Cinema products or services is for information purposes only and constitutes neither an endorsement nor a recommendation of them. Neither The Luxe Cinema, nor their suppliers, make any representation or gives any warranty, condition or undertaking, expressed or implied, including (without limitation) as to the satisfactory quality, fitness for a particular purpose, suitability or non-infringement of any third party right or freedom from viruses, whether or not arising from a course of dealing, usage or trade practice.
Notwithstanding any other provision in the Terms, nothing within the Terms limits or restricts any person's liability for death or personal injury resulting from its negligence or that of its employees or agents.
The Terms and the User's use of the Web Site are governed by all applicable English law, unless the User's address provided when purchasing an online ticket is in Scotland, when Scottish law applies.
For any disputes arising out of or in connection with the Terms or the User's use of the Web Site, if the User's address provided when purchasing an online ticket is in Scotland then the Scottish courts shall have non-exclusive jurisdiction, otherwise the English courts shall have non-exclusive jurisdiction.
The Luxe Cinema makes no representation that the content or materials on the Web Site are appropriate or available for use in other jurisdictions. Access to the Web Site's content or its materials from jurisdictions where such access is illegal is prohibited. Users who choose to access the Web Site from other jurisdictions do so at their own initiative and risk and are responsible for compliance with all relevant local laws. The Luxe is not responsible for any violations of law as a result of the User's actions.
TRADE MARKS AND OTHER SUCH RIGHTS
The trade marks and logos ("Marks") displayed on the Web Site are the property of Cinema 365 Ltd trading as The Luxe Cinema or other third parties. The User is not permitted to use these Marks without the prior written consent of The Luxe Cinema or the relevant third party proprietor of the Marks, and the User acknowledges that any such use may constitute an infringement of the relevant proprietor's rights.
The User acknowledges that all intellectual property rights in all materials on the Web Site remain the property of The Luxe Cinema or the relevant third party proprietor, licensor or other content owner. Except as expressly permitted herein, no portion of the information on the Web Site may be reproduced in any form, or by any means, without prior written permission from the Mark owner.
ONLINE TICKET PURCHASES
The following terms apply if the User uses a credit/debit card to purchase tickets through the Web Site.
Cinema tickets are sold by The Luxe at standard prices for the relevant performance. By requesting tickets through the Web Site, the User is placing a booking request for tickets on the Terms that is only deemed accepted by and binding on The Luxe Cinema once it has processed valid payment and sent the User email confirmation of the User's booking.
A remote payment fee of £0.60 per per ticket will be payable separately by the User to The Luxe Cinema. This remote payment fee is in consideration of processing remote card payments and transferring the User's payment for tickets to The Luxe Cinema. By confirming his/her booking, the User agrees to pay this remote payment fee, in addition to the price payable to The Luxe Cinema for tickets.
The email confirmation of a booking will set out the details of the cinema tickets purchased and the total amounts paid to The Luxe Cinema. Once this confirmation has been sent, the ticket price and remote payment fee are non-refundable. The Luxe Cinema is not responsible in the event that the User selects the wrong film when booking tickets via the Web Site, or if the User is unable to keep to their selection. Tickets are also untransferrable.
The User can pick up his/her cinema tickets immediately or on the day of their selected film at The Luxe Cinema following confirmation of his/her booking, but no later than 10 minutes following the start of the performance.
Tickets are dispensed and can be collected at our box office.
THE USER WILL NEED TO PRESENT THEIR TRANSACTION NUMBER PROVIDED OR THEIR THE DEBIT/CREDIT CARD THAT HE/SHE USED TO MAKE A BOOKING IN ORDER TO COLLECT THE RELEVANT TICKETS.
To make any payment by credit/debit card, the User must provide the cardholder's name and email address, the card number, the card security code, the card expiry date and (where applicable) the card start date and/or issue number.
Transactions will appear on the cardholder's bank or card statement as a payment to "The Luxe Cinema"
For all concessions/student tickets, the User must bring proof of entitlement to the Box Office as this may be required upon entry to the film or collection of tickets (where applicable).
The Luxe Cinema will endeavour to operate its cinema in accordance with its advertised programme. However, there will be instances when its ability to show a performance is impaired by circumstances beyond its control. In such situations, The Luxe Cinema reserves the right to cancel a performance, vary the time it shows it or provide customers with an alternative performance. If The Luxe Cinema does have to cancel a performance, The Luxe Cinema shall only refund the admission price and any handling fee paid for the relevant tickets, and no other costs.
The Luxe Cinema draws the User's attention to the conditions of the British Board of Film Classification certificate for the film being shown and is obliged to and will refuse admission to any person who, in the opinion of an authorised Luxe Cinema employee or representative, is under the minimum age required for admittance. The Luxe Cinema reserve the right to request any individual to provide proof of age and to exclude any such individual from any performance if they appear too young and/or cannot prove they are at least minimum age for admittance. In order for children under the age of 12 to be admitted after 7.00pm they must be accompanied by a parent or guardian.
Use of the tickets will be subject to the terms and conditions set out in The Luxe Cinema Entry Policy, which forms part of the Terms.
All transaction details, including credit card details, are encrypted using Secure Sockets Layer. Further, The Luxe Cinema seeks to ensure that bank details are never transmitted in clear text through The Luxe Cinema booking system.
WEB SITE SECURITY
The User agrees not to corrupt (or attempt to corrupt) any data or to circumvent (or attempt to circumvent) any of the security safeguards of The Luxe Cinema or any of its suppliers.
The User acknowledges that the Internet is not entirely secure and whilst The Luxe will take all reasonable steps to safeguard the security of any credit card information the User imparts through encryption methods, The Luxe Cinema shall not be liable for any damage that the User may suffer as a result of the loss of confidentiality of any such information.
The failure of The Luxe Cinema to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right.
The Luxe Cinema may assign, transfer or, where permitted by law, declare a trust over the benefit of its rights and obligations under the Terms to any party at any time without notice to the User. The User may not assign, transfer or declare a trust over his/her rights or obligations under the Terms without The Luxe Cinema prior written consent, which may be withheld at its absolute discretion.
The Luxe Cinema will not be in breach of the Terms or otherwise liable for any delay in performance of them to the extent that such breach or delay is due to circumstances beyond its reasonable control.
If any part of the Terms is unenforceable, invalid or illegal (including any provision in which The Luxe Cinema excludes its liability to the User), the enforceability, validity or legality of any other part of the Terms will not be affected or impaired in any way.
The Terms embody and set forth the entire agreement and understanding between The Luxe Cinema and the User and supersede all prior oral representations (including negligent representations) or written agreements, understandings or arrangements with respect to the subject matter hereof. Neither party shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in the Terms. The provisions of this clause shall not exclude any liability or any right which either party may have in respect of any statements made fraudulently prior to User's acceptance of the Terms or any fraudulent concealment by the other.
Any notice to be given by either party to the other may be sent by email, fax or recorded delivery to the address of the other. In the case of The Luxe Cinema, this address shall be The Luxe Cinema, Alexandra Road, Wisbech, Cambs, PE13 1HQ, as amended herein from time to time. In the case of the User, such an address shall be that provided at the time of registration or such other address as the User may from time to time have communicated to The Luxe Cinemas in writing or by email to email@example.com sent by email, a notice shall be deemed to be received on the day it was sent or, if sent by fax, shall be deemed to be served on receipt of an error free transmission report or, if sent by recorded delivery, shall be deemed to be served two days following the date of posting.
Some of the provisions of the Terms are for the benefit of The Luxe Cinema and its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and third party information providers. Each of these persons or entities shall have the right to assert and enforce those provisions directly against the User on its own behalf if the User violates any of the Terms. Save for the foregoing, the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms and no rights or benefits expressly or impliedly conferred by them shall be enforceable under that Act against the parties by any other person.
THE LUXE CINEMA ENTRY POLICY
The Luxe Cinema wants all of its customers to enjoy their visit to our independant cinema . To help ensure this, admission to The Luxe is subject to the following terms and conditions. By purchasing or using a ticket, customers agree to be bound by these terms and conditions.
Behaviour: Disruptive, antisocial or violent behaviour by a customer or group of customers directed toward other customers or staff members will result in the offending customer or group of customers being required to leave the cinema immediately without any entitlement to a refund. What constitutes disruptive, antisocial or violent behaviour shall be determined at the sole discretion of The Luxe Cinema Duty Manager or staff and includes both physical and verbal abuse.
Alcohol and Food Policy: No alcohol, food or soft drink may be brought onto the premises. Only food and drink bought on the premises may be consumed on the premises. Alcohol may only be purchased and consumed in The Luxe Cinema licensed bar area or in our licensed screen and licensing laws will be strictly enforced.
Mobile Devices: All mobile devices including mobile telephones must be switched off at all times during the feature presentation.
Piracy: Customers are not allowed to bring any form of recording or copying equipment (in whatever medium) into the auditorium. Recording or copying equipment taken into the auditorium may be confiscated for inspection by The Luxe Cinema Duty Manager. Customers are reminded that it is a serious criminal offence to copy or attempt to copy any film, soundtrack or other copyright protected material shown in the auditorium and customers found in contravention will be liable on conviction to an unlimited fine and imprisonment of up to 10 years.
Certification: The Luxe Cinema is not responsible for the certification of adverts, trailers or films. All complaints in respect of the wrongful classification of any of these items should be directed to the British Board of Film Classification (the BBFC).
Search Policy: The Luxe Cinema reserves the right to search a customer's possessions whilst on the premises for any item which a staff member believes may contravene these terms and conditions. Customers must consent to being searched for any item which a staff member believes may contravene these terms and conditions. Failure to give consent will result in the Cinema Duty Manager refusing entry or requiring the customer to leave the premises immediately without any entitlement to a refund.
Parking: The Luxe Cinema is not responsible for the parking regulations imposed by third parties, including any cost imposed on customers. Customers should take up any issues directly with the third party concerned.
ENTRY INTO THE CINEMA
Only customers in possession of a valid ticket will be admitted into the auditorium to which the ticket relates and admission will be permitted only for the duration of the performance specified by the ticket. At the time of collection, customers should check that the ticket's details are correct as tickets cannot be later exchanged or refunded in the event of any error.
Lost, stolen or damaged tickets will not be replaced. Any customer who does not hold a valid ticket may be required to leave the premises.
Customers should keep the ticket stubs with them at all times in order to re-enter the relevant auditorium.
The Luxe Cinema will refuse admission to any person who, in the opinion of an authorised employee or representative, is under the minimum age required by the BBFC classification for a presentation and cannot prove that they are at least the minimum age required. the Luxe Cinema expressly reserves the right to request photographic identification verifying the age of the customer (e.g. a driving licence or passport) for entry into 12A, 15 and 18 certificated films. Photocopies of birth certificates, passports and driver’s licences are acceptable. Children under the age of 12 must be accompanied by someone who is at least 18 years of age to be admitted after 7.00pm. Children under the age of 8 must be accompanied by someone who is at least 18 years of age at all times (regardless of film classification).
Student tickets will only be issued upon the production of valid National Union of Students photographic identification showing a clear photograph of the student and the applicable expiry date of the identification. Student tickets will be limited to one per student. Photographic identification may be checked before admission to the auditorium in the case of pre-booked tickets.
In order to avoid disturbing other customers, customers who arrive after the start of the feature presentation will only be permitted entry into the auditorium at the Cinema Duty Manager's sole discretion.
Although The Luxe Cinema seeks to follow its advertised programme, it reserves the right to cancel or reschedule a performance or to substitute an alternative film or presentation, if forced to do so by circumstances beyond its control.
If a film showing or other presentation is cancelled, rescheduled or substituted, the Cinema Duty Manager will have the sole discretion to decide whether to refund customers the cost of their tickets or to issue replacement tickets for the same film or presentation at an alternative time.
SAFETY AND SECURITY
The Luxe Cinema reserves the right to refuse the entry onto its premises of any person who is believed to be overly intoxicated and may require any person or customer who is believed to be overly intoxicated to leave the premises immediately without any entitlement to a refund.
No customer is allowed to bring any illegal substances or weapons onto the premises. Anyone found in possession of such items will be refused entry or will be required to leave the premises immediately without any entitlement to a refund. The Luxe Cinema takes such matters seriously and may report the incident to the police.
In order to comply with applicable health and safety legislation, customers must at all times remain within the public areas of the premises and must not obstruct the aisles with personal belongings.
Customers must keep their personal belongings with them at all times. The Luxe Cinema accepts no responsibility for the loss, theft, alteration or damage to any personal items brought onto the premises.
Nothing in these terms and conditions affects your statutory rights as a customer or excludes or limits The Luxe Cinema liability for fraud or for death or personal injury resulting from The Luxe Cinema's negligence or for any other liability which The Luxe cannot exclude or limit under law but otherwise The Luxe Cinema's liability to you as a customer shall be limited to the ticket price paid.
In addition to its other rights, in the event that a customer or group of customers breach or breaches any of the terms and conditions of this policy, The Luxe Cinema reserves the right to take such action as is necessary to prevent a reoccurrence of such breach (including recovering any costs incurred). Such action may include banning the relevant customer or customers from The Luxe Cinema premises and/or taking legal action.
The Luxe Cinema reserves the right to charge for any additional service or product which it may supply.
The Luxe Cinema Duty Manager or employee may refuse entry to any person onto the premises of the The Luxe Cinema at any time and will be under no obligation to provide a reason to that person.
The Luxe Cinema accepts no responsibility for any information displayed or broadcast on the premises by any third party.
The Luxe Cinema reserves the right to amend these terms and conditions from time to time without notice.
The terms and conditions can be found on http://web.orange.co.uk/p/film/cinema_tickets
GIFT/VOUCHER CARD CONDITIONS
In these Card Conditions, the following words have the meanings set out against them:
Conditions: these Card Conditions and The Luxe Cinema General Terms and Conditions;
The Luxe Cinema's General Terms and Conditions: the general terms and conditions of The Luxe for customers' attendance at The Luxe Cinema, as may be displayed at The Luxe or on its website under the heading The Luxe Cinema Entry Policy;
Gift Card: subject to the Conditions, a paper voucher which can be used to purchase cinema tickets, merchandise and/or refreshments in The Luxe Cinema in the United Kingdom, The Channel Islands and Ireland during the Validity Period;
"Transaction Value": the value of any cinema tickets, merchandise and/or refreshments purchased with the Gift Card;
we/us/our: (i) The Luxe Cinema if you are a UK resident or if you are resident in Ireland;
you/your/yours: the person to whom the Gift Card is issued.
The Conditions apply to all Gift/Voucher Cards and by purchasing the Gift/Voucher Card you agree to be legally bound by the Conditions.
The Gift/Voucher Card may only be used in The Luxe Cinema and only for the purchase of cinema tickets, refreshments and merchandise sold in The Luxe Cinema.
You may give the Gift/Voucher Card to anyone else to use. Please make sure that you and/or they keep the Gift/Voucher Card safe as anyone who presents the Gift/Voucher Card ("the User") will be able to redeem it. Where the Gift/Voucher Card is less than the total Transaction Value, the User will be required to make up the difference in price.
Gift/Voucher Cards may not be exchanged for cash. Where the total Transaction Value is less than the value of the voucher, the difference will be given to the User in the form of further gift vouchers.
Defaced, illegible, or photocopied Gift Cards will not be accepted.
Gift Cards cannot be redeemed against cinema tickets brought via The Luxe Cinema web site at www.theluxecinema.com or phone booking service on 01945588808.
The Gift/Voucher Card does not entitle the User to preferential treatment over other Luxe Cinema customers for the purchase of cinema tickets, merchandise or refreshments, access to the cinema or otherwise.
The Gift/Voucher Card does not entitle you to any credit or other form of financial accommodation.
Other taxes or costs may exist in relation to the Gift/Voucher Card that are not imposed by us.
The Gift/Voucher Card validation period is unlimited.
QUESTIONS AND COMPLAINTS
Any questions or complaints you may have in relation to the Gift/Voucher Card should be directed to the Manager.
No other out of court complaint or redress system or compensation scheme exists in relation to the Gift/Voucher Card.
Except as expressly provided in the Conditions, all warranties, conditions or other terms in favour of you or the User implied by Statute or common law are excluded to the fullest extent permitted by law.
Nothing in the Conditions is intended nor shall it be construed to limit our liability for fraud or death or for personal injury caused by our negligence.
We shall in no circumstances be liable if The Luxe Cinema is closed permanently or temporarily, for whatever reason or if a particular film is not available for whatever reason.
We shall not be liable to you by reason of any failure or delay in performing any of our obligations in relation to the Gift/Voucher Card under the Conditions if the failure or delay was due to any cause beyond our reasonable control.
We shall not be liable to you or the User in respect of any indirect or consequential loss, damage, costs or expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the Gift/Voucher Card.
Our liability to you or the User shall not exceed the amount paid by you for the Gift/Voucher Card.
You must ensure that the information you provide ("Personal Information") is accurate and complete.
The following applies to any information provided to us by you:
(a) By opting into being contacted by us when providing us with your information, you authorise us to use any information about you provided to the extent reasonably necessary to aggregate subscriber profiles and to provide you with information about offers, products and/or services offered by us from time to time. If you agree to being contacted by us when you purchase the Gift/Voucher Card.
(b) You authorise us to transfer or disclose Personal Information provided by you to our professional advisors and such other parties as we consider necessary in the administration of our business (including financial decisions), customer profile research or if required to disclose such information by law;
(c) If you provide us with any Personal Information which relates to your racial or ethnic origin, political opinions, religion or other beliefs of a similar nature, trade union membership, physical or mental health or condition, sex life or any criminal convictions or proceedings ("Sensitive Data"), we will not disclose the Sensitive Data to any person for any reason without your express prior consent.
If any part of the Conditions is found by a court or any competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
GOVERNING LAW AND JURISDICTION
We will only write and communicate with you in English.
English law governs these Conditions and all aspects of our relationship, unless your address you give us when purchasing the Gift/voucher Card is in Scotland, when Scottish law applies or in Ireland, when Irish law applies.