Unlimited Gold Subscription Terms and Conditions

Article 1 General

1.1 In these Subscription Terms and Conditions, the following terms shall have the following meanings: Subscriber: The person who has concluded a subscription agreement with Pathé. Subscription: The agreement between Pathé and the Subscriber to visit film showings without limitation for a monthly fee under the conditions described below. Cinema: A cinema operated by Pathé in the Netherlands. Pathé: Pathé Theatres B.V. Film Showing: Any regular film showing in a Cinema, including 3D, IMAX and IMAX 3D showings, but not including in any event private showings, special showings of classic films, special advance showings or film marathons.
1.2 These Subscription Terms and Conditions shall apply to the legal relationship between the Subscriber and Pathé.
1.3 The legal relationship between Pathé and the Subscriber shall also be subject to Pathé’s Visitor Terms and Conditions, filed with the Chamber of Commerce under number 33161839 [and available as well at the cinema counter].
1.4 Pathé reserves the right to modify these Subscription Terms and Conditions and the Visitor Terms and Conditions. Pathé shall inform the Subscriber of this by e-mail or post one month before the change takes effect and shall send the Subscriber a new set of terms and conditions. Pathé shall expect the Subscriber to inform it of any changes in address, e-mail address, telephone number or account number as referred to in Article 10.1.

Article 2 Substance of the Pathé Unlimited Gold Subscription

2.1 The Subscription shall be strictly personal and non-transferable. As proof of the Subscription, Pathé shall furnish the Subscriber a Pathé Unlimited Gold Card which includes the Subscriber’s name and date of birth and a passport photo of him/her.
2.2 During the term of the Subscription, the Subscription shall entitle the Pathé Unlimited Gold Cardholder to access to any regular Film Showing, 3D showing, IMAX showing and IMAX 3D showing in a Cinema, subject to the provisions in Article 5.
2.3 Pathé reserves the right to refuse to provide a Subscription to persons with whom a previous Subscription has been terminated pursuant to Article 4.3.
2.4 Pathé visitors who have been barred from Pathé cinemas cannot take out a Subscription.
2.5 The Subscriber shall be entitled to a standard discount at the refreshment bar of 25%. The Subscriber must, however, allow the box office employee to scan the Pathé Unlimited Gold Card.
2.6 The Subscriber shall be entitled to special 3D glasses. These glasses shall be furnished to the Subscriber free of charge once a year. Additional special 3D glasses shall be available at the Cinema’s counter or refreshment bar.

Article 3 Duration of the Subscription

3.1 Subject to the provisions in Articles 4.3 through 4.5, the Subscription shall be entered into for a period of at least four months.
3.2 After the aforementioned period, the Subscription may be cancelled in conformity with Articles 4.1 and 4.2.
3.3 If a Subscription has been cancelled in conformity with Article 4.1/4.2 and the former Subscriber wishes to take out a new Subscription within two years after the Subscription ended, the Subscription shall be entered into for at least four months and, in addition to the monthly subscription price, a one-off amount of €35 in administrative costs shall be owed, which must be paid directly at the box office.

Article 4 Cancellation of the Subscription

4.1 A Subscription may be cancelled subject to the minimum subscription period of four months and a notice period of at least one month, with the Subscription being considered to end one month after receiving the notice of cancellation. Thus, if the Subscription starts, for example, on 15 January and the Subscriber gives written notice of cancellation on 19 April, the Subscription shall end on 19 May. If the Subscriber gives written notice of cancellation on 31 August, the Subscription shall end on 30 September.
4.2 Cancellation shall only be possible by: e-mailing a completed cancellation form via www.pathe.nl/unlimited/opzeggen. Within a week the Subscriber will receive a confirmation of the cancellation by e-mail. Cancellation forms can also be requested from Customer Service (see Article 9). Completed cancellation forms can be sent by post to Freepost number 6032, 5902 VB Venlo. In addition, cancellation is also possible by filling in the form at the Cinema. The processing time via the last two channels is longer; the Subscriber will receive a confirmation of the cancellation within three weeks.
4.3 Pathé reserves the right to cancel the Subscription immediately if the Subscriber: - has furnished Pathé incorrect information; - has committed fraud in using the Pathé Unlimited Gold Card; - does not comply with the general Visitor Terms and Conditions; - has not fulfilled the payment obligation in Article 7.
4.4 If the Subscription has been cancelled under Article 4.3 and the minimum subscription period of four months has not expired yet, the Subscriber must pay a fee for the remaining minimum subscription period. The Subscriber shall not be entitled to a refund of the subscription fee already paid.
4.5 In cases in which the Subscription has been cancelled under Article 4.3, Pathé reserves the right to put the former Subscriber on a blacklist and to refuse to allow this person to take out a subsequent Subscription. The person shall initially be on the blacklist for a one-year period. After this year lapses, a Subscription may be taken out again, for which €35 in administrative costs must be paid. Any subsequent placement on the blacklist shall apply for an unlimited period.
4.6 After the minimum four-month subscription period has lapsed, the Pathé Unlimited Gold subscription may also be switched to a Pathé Unlimited subscription. The card can be downgraded any day of the month for a one-off amount of €10 in administrative costs, which must be paid directly at the box office. The excess subscription costs paid shall automatically be set off. The outstanding amount must be paid directly at the box office.

Article 5 Use of the Pathé Unlimited Gold Card

5.1 The Subscriber must obtain an admission ticket for every Film Showing to be visited at one of the sales outlets of the Cinema where the film is being shown.
5.2 If there are no longer any tickets available for the Film Showing concerned – because, for example, the Film Showing to be visited is sold out –, the right referred to in Article 2.2 shall be extinguished.
5.3 The admission ticket shall only be valid in combination with the Pathé Unlimited Gold Card.
5.4 The Subscriber shall be entitled to at most one (1) admission ticket per Film Showing.
5.5 The admission ticket may be picked up at one of the Cinema’s sales outlets from 90 minutes until 30 minutes before the Film Showing starts.
5.6 An admission ticket for a subsequent Film Showing may not be picked up until 90 minutes after the transaction for the previous Film Showing was executed.
5.7 A Subscriber may not have more than four outstanding reservations at the same time. As long as these have not been utilized or lapsed, new reservations may not be made. The Cinema may allow reservations to lapse 30 minutes before the Film Showing starts.

Article 6 Price

6.1 Pathé reserves the right to change the price of the Subscription. Pathé shall inform the Subscriber of this by e-mail two months before the price change takes effect.

Article 7 Payment

7.1 The subscription fee shall be owed monthly and shall, with the exception of the initial instalment, be paid each month by direct debit. The initial instalment must be paid directly at the Cinema’s box office, proportionately to the number of days remaining in the month concerned. If the subscription fee is not paid on time, we shall be forced to charge administrative costs.
7.2 By signing the subscription agreement, the Subscriber hereby authorizes Stichting Derdengelden Buckaroo to collect the subscription fee on behalf of Pathé or another third party to be designated by Pathé.
7.3 The subscription fee owed each month shall be debited on the first of each month or the first business day after the first of the month.
7.4 Except for the payment of the initial instalment, the subscription fee cannot be paid at the Cinema’s box office.
7.5 If, for whatever reason, the debit is reversed, Pathé reserves the right to suspend its obligations under the Subscription and to take the Pathé Unlimited Gold Card out of service. The Pathé Unlimited Gold Card shall be put back into service once the Subscriber has transferred the entire subscription fee owed to Buckaroo’s bank account and Pathé has been notified of this. The Subscriber shall not be entitled to a refund of the subscription fee for the period that the Pathé Unlimited Gold Card was taken out of service. Moreover, the minimum subscription period of four months must be paid for the months which lapsed while the Pathé Unlimited Gold Card was blocked.
7.6 If the Subscriber does not timely fulfil the payment obligations under these Terms and Conditions, the Subscriber shall owe the ensuing collection costs and any interest costs. Pathé shall also transfer the claim for payment to a collection agency to be designated by it. The costs which Pathé must reasonably incur because of this breach by the Subscriber shall be charged to the Subscriber.
7.7 The Subscriber shall make all payments in single monthly instalments. If a different payment is made, it shall be transferred back and shall not be considered a valid payment.

Article 8 Loss or theft of or damage to the Pathé Unlimited Gold Card

8.1 If the Pathé Unlimited Gold Card is lost, stolen or damaged, Customer Service must be notified as soon as possible (see Article 9).
8.2 After Customer Service has been notified, a duplicate Pathé Unlimited Gold Card may be obtained at the Cinema’s box office. If the Pathé Unlimited Gold Card is damaged, it must be turned in at the box office.
8.3 If the damaged Pathé Unlimited Gold Card is not turned in, a duplicate Pathé Unlimited Gold Card shall cost €10, which must be paid directly to the Cinema’s box office.
8.4 The Subscriber shall not be entitled to a refund for the period that the Pathé Unlimited Gold Card cannot be used.

Article 9 Customer Service

9.1 The Cinema can answer questions about these Subscription Terms and Conditions or the use of the Subscription. Pathé Unlimited Customer Service can answer questions regarding payments, loss or theft of or damage to the Pathé Unlimited Gold Card, cancellation of a Subscription, and requests to inspect or change your personal data and/or object to the use of your personal data for direct marketing purposes or the receipt (or further receipt) of general or specific marketing information. You can contact Pathé Unlimited Customer Service by e-mail at unlimited@pathe.nl, through the Pathé Unlimited service number 0900-7284365 (€0.10 per minute; accessible Monday through Friday from 9.00 a.m. to 6.00 p.m., except for public holidays) or by letter to Freepost number 6032, 5902 VB Venlo.

Article 10 Customer data

10.1 The Subscriber shall immediately inform Pathé of changes in the Subscriber’s data, such as address, e-mail address, telephone number or account number changes.

Article 11 Utilization of third parties

11.1 Pathé may utilize third parties in carrying out the Subscription.

Article 12 Applicable law

12.1 Dutch law shall apply to any legal relationships between Pathé and the Subscriber.

Pathé Unlimited Gold Subscription Terms and Conditions
September 2012

Information notice

Pathé Theatres B.V. (also doing business as ‘Pathé Unlimited Gold’) will incorporate the Subscriber’s personal data into a customer database to carry out the Subscription, for all other purposes mentioned in the Subscriber Terms and Conditions, to satisfy statutory obligations, for analysis to improve its services, as well as to keep the Subscriber apprised, without obligation, of developments and services at Pathé which may interest the Subscriber by sending the Subscriber information materials, brochures and the like. These materials may be customized based on your personal data. We may send this information by post, call you, or send you this information by e-mail if you have signed up for the e-newsletter.

The other information is necessary to ensure that the person applying for the Subscription is also the person who will be using it. The e-mail address will be used in addition to the telephone number and address to send certain information about your Subscription.

Finally, we will verify your identity at the counter when you apply for the Subscription. We will ask our employees to examine your valid passport, driving licence or ID card and to verify the information based on this and/or, for someone who is not a Dutch national and thus does not have such Dutch documents, but does have a residency permit, to record the expiry date. The residency permit should be valid for at least 4 months at the subscription date. We need a photo from you, because the card is strictly personal and we must be able to verify your identity in the system (the photo on the card is not always sufficiently clear). By taking out a Subscription, you hereby consent to such processing of your data.

You are entitled to ask us to allow you to inspect and/or correct, supplement, delete or protect your personal data. You can contact Pathé Unlimited Customer Service about this (see Article 9.1 of the Subscription Terms and Conditions). You can also object to the use of your personal data for direct marketing purposes and/or the receipt (or further receipt) of general or specific marketing information. We will not (or no longer) send you marketing information then. The e-newsletter, which we will send you upon request, as well as other marketing information sent by us, will likewise include an ‘unsubscribe’ option. If you take advantage of this, you will no longer receive these communications.