ARTICLE 1 TERMS AND APPLICATION
In these Subscription Terms and Conditions the terms listed below have the following meaning:
: a natural person who has concluded a contract with Pathé within the meaning of the term ‘Subscription’; Subscription
: the contract between Pathé and the Subscriber that gives the Subscriber the right, during the term of the contract, to attend an unlimited number of film showings within the meaning of the term "Film Showings" in exchange for monthly payment, subject to the terms and conditions stipulated below; Subscription Fee: the costs of the Subscription that the Subscriber owes;
Subscription Terms and Conditions
: these Terms and Conditions which, together with the Visitors’ Terms and Conditions, govern the Pathé Unlimited Subscription; Visitors’ Terms and Conditions: Pathé’s Visitors’ Terms and Conditions, which govern visits to Cinemas and which have been filed with the Chamber of Commerce under number 33161839 (and which are also available at the ticket counter in the cinema);
: a cinema in the Netherlands that is run by Pathé, as well as a CineMec cinema in the Netherlands;
: every regular film showing in a Cinema, which in any event does not include private showings, special advance premières, and Specials & Events. A surcharge, within the meaning of the term ‘Surcharge’, may apply for IMAX, Dolby Cinema, 4DX and 3D showings, and Specials & Events;
: Pathé Unlimited’s customer service department, which can be contacted by sending an e-mail to firstname.lastname@example.org, by calling the Pathé Unlimited service number: 088 – 51 52 000 (within the Netherlands; only customary calling charges – open from Monday to Sunday, from 09.00 a.m. to 11.00 p.m.) or by sending a letter to Antwoordnummer 75948, 1070 AX Amsterdam, the Netherlands (no postage required within the Netherlands); Pathé: Pathé Theatres B.V., Barbara Strozzilaan 388, 1083 HN Amsterdam, the Netherlands, www.pathe.nl;
Pathé Unlimited Pass
: a digital pass that Pathé makes available to the Subscriber containing the Subscriber’s name and date of birth and a photograph of the Subscriber, that is available using the Pathé App and at m.pathe.nl, which serves as proof of a valid Subscription and is also used to identify the Subscriber;
Pathé Unlimited Gold Subscription
: the written contract between Pathé and the Subscriber that gives the Subscriber the right, during the term of the contract, to attend an unlimited number of regular Film Showings, including 3D, IMAX, IMAX 3D, Dolby Cinema and 4DX in exchange for monthly payment;
Specials & Events
: a special showing on a set date at a set time; and Surcharge: costs that are not included in the Subscription such as – but not limited to – surcharges for 3D showings, 3D glasses, IMAX and IMAX 3D showings, IMAX 3D glasses, Dolby Cinema, 4DX showings and Specials & Events.
These Subscription Terms and Conditions govern the Subscription.
The Subscription is also governed by the Visitors’ Terms and Conditions. In the event that there is any discrepancy between a provision stipulated in the Subscription Terms and Conditions and a provision stipulated in the Visitors’ Terms and Conditions, the provision stipulated in the Visitors’ Terms and Conditions will prevail.
Pathé reserves the right to unilaterally amend these Subscription Terms and Conditions as well as the Visitors’ Terms and Conditions. The most up to date version of the Subscription Terms and Conditions and the Visitors’ Terms and Conditions can be found at: www.pathe.nl/voorwaarden. The Subscriber will be deemed to have accepted any relatively minor amendments to the Subscription Terms Conditions and/or the Visitors’ Terms and Conditions without any further action being required. In the event that Pathé makes significant amendments that could be to the Subscriber’s disadvantage, Pathé will notify the Subscriber by e-mail one (1) month before the amendment will enter into effect. The Subscriber will be free not to accept these amended terms and conditions by terminating the Subscription (online) with effect from the date that the amendment enters into force.
The applicability of any terms and conditions applied by the Subscriber or third parties is explicitly rejected.
Pathé is entitled to unilaterally change or discontinue all or part of the Pathé Unlimited program without Pathé being obliged to state its reasons for doing so. Pathé will endeavour to notify the Subscriber in the timeliest manner possible of major change to and/or discontinuation of all or part of the Pathé Unlimited program.
ARTICLE 2 CONTENT OF THE PATHÉ UNLIMITED SUBSCRIPTION
The Subscription and the Pathé Unlimited Pass are strictly personal and non-transferrable. 2.2 The Pathé Unlimited Pass serves as the sole proof of a valid subscription. Pathé reserves the right to request supplementary information when the Pathé Unlimited Pass is used.
The Subscription entitles the Subscriber to access to every Film Showing in a Cinema during the term of the Subscription and insofar as tickets are available, with due observance of the provisions stipulated in Article 5.
Subscribers need to be older than eighteen (18) or have permission from their parent / legal representative in order to start the subscription. Pathé reserves the right to request further proof for the granted permission by the parent / legal representative and to terminate the Subscription when Pathé has the opinion that there is not enough evidence of granted permission. The Subscriber has no rights on restitution of already paid Subscription Fee.
Subscribers who have been banned from the Cinemas may not take out a subscription.
The Subscriber is entitled to a standard 10% discount at the concession stand; the Subscriber must allow the cashier to scan the Pathé Unlimited Pass to receive the discount.
ARTICLE 3 TERM OF THE SUBSCRIPTION
The Subscription must be taken out for a minimum term of four (4) months, except as provided for in Articles 4.3 to 4.5.
After the term referred to in Article 3.1 has expired, the Subscription may be cancelled in accordance with the provisions stipulated in Articles 4.1 and 4.2.
In the event that a Subscription is cancelled in accordance with Articles 4.1 and 4.2 and the former Subscriber wishes to take out a new Subscription after the Subscription has ended, the Subscription will have to be taken out for a minimum of four (4) months.
ARTICLE 4 CONVERTING AND CANCELLING THE SUBSCRIPTION
A Subscription may be cancelled after the minimum initial Subscription term of four (4) months (in accordance with Article 3.1) has expired and with due observance of a notice period of at least one (1) month, in which context the Subscription will end one (1) month after the notice of cancellation is given. For example: if the Subscription enters into effect on 15 January and the Subscriber cancels the Subscription in writing on 19 April, the Subscription will end on 19 May. If the Subscriber cancels the Subscription on 31 August, the Subscription will end on 30 September.
The Subscriber has to cancel the Subscription online by logging into “My Pathe” via www.pathe.nl/mijn/unlimited
and click on “Cancel Subscription”. The Subscriber will receive confirmation of the cancellation by e-mail. The cancellation can of course be reversed by the Subscriber. If Pathé receives this message after the last invoice has been sent, the Subscriber will receive an additional invoice for the remaining days.
Pathé reserves the right to cancel the Subscription effective immediately in the event that the Subscriber: • has provided incorrect data to Pathé; • has committed fraud using the Pathé Unlimited Pass; • has acted contrary to the Subscription Terms and Conditions and/or the Visitors’ Terms and Conditions; • has failed to comply with his/her payment obligation as stipulated in Article 7; or • has been placed on the black list within the meaning of Article 4.5 by Pathé.
In the event that the Subscription is cancelled on the ground of Article 4.3 and the minimum Subscription term of four (4) months has not yet expired, the Subscriber will be obliged to pay a fee for the remaining minimum Subscription term. The Subscriber will not be entitled to a refund of the Subscription Fee that already has been paid.
In cases in which the Subscription is cancelled on the ground of Article 4.3, Pathé reserves the right to place the former Subscriber on a black list and to refuse to conclude a new Subscription with that person. The first placement on the black list will be for a term of one year. After that year has ended the Subscription can be renewed, in which context EUR 35 in administrative costs will have to be paid. Each subsequent placement on the black list will be for an unlimited term.
The Subscription may be converted into a Pathé Unlimited Gold Subscription at any time, effective immediately simply by logging into “My Pathe” via www.pathe.nl/mijn/unlimited
where The Subscriber can click on “Switch Subscription”. The outstanding amount will be deducted by means of automatic debt collection. An upgrade is for a minimum of 1 month after which the Subscription can be downgraded. For example, if the Subscription starts at the 4th January and an Subscriber wants to upgrade on the 8th January, the upgrade starts immediately. The earliest possible date to downgrade is 8th February and will be effective the 1st March. The downgrading of the Pathé Unlimited Gold Subscription to a Pathé Unlimited Regular Subscription can also be done at www.pathe.nl/mijn/unlimited. The Subscription will be switched as per 1st of the new month and no restitution will take place for the current month.
ARTICLE 5 USE OF THE PATHÉ UNLIMITED PASS
It will be possible to gain entry to a Film Showing only if the Subscriber is in possession of a ticket for the showing in question at the Cinema at which the film in question will be shown.
In the event that no more tickets are available for the Film Showing in question, the right stipulated in Article 2.3 will lapse.
The ticket will be valid only in combination with the Pathé Unlimited Pass. In the event that the Subscriber is unable to show a valid Pathé Unlimited Pass, Pathé reserves the right to refuse to grant the Subscriber entry to the Film Showing.
The Subscriber will be entitled to a maximum of one (1) ticket for each Film Showing.
If no surcharges have to be paid, the reserved ticket can be collected from ninety (90) up to ten (10) minutes before the start of the Film at one of the points of sale in the Cinema. It is also possible to cancel the ticket yourself on "My Pathé" via www.pathe.nl/mijn/unlimited by clicking on "Cancel" in your ticket. If surcharges have to be paid, the ticket is converted into a definitive purchase. Your chair will therefore no longer be released 10 minutes before the Film Showing commences.
A ticket for a subsequent Film Showing cannot be collected or reserved until the prior Film Showing has been completed.
For each Subscriber it is possible to have a maximum of eight (8) open reservations. However, it is not possible to have multiple overlapping reservations or purchases. Pathé reserves the right to cancel a reservation (without surcharges) ten (10) minutes before the start of the Film Showing. If surcharges do apply, the ticket is converted into a definitive purchase and this rule expires. It is also possible to cancel the ticket yourself on "My Pathé" via www.pathe.nl/mijn/unlimited
by clicking on "Cancel" in your ticket.
Pathé reserves the right to change the maximum amount of eight (8) reservations for certain film showings at any moment. Pathé also reserves the right to temporarily exclude reservations in the case that a Subscriber leaves reservations open excessively frequently (does not show up, does not cancel). The subscriber will be informed about this in time via e-mail, as a warning.
ARTICLE 6 PRICE
The rates for the Subscription can be found at www.pathe.nl/unlimited. Pathé reserves the right to adjust the price of the Subscription; in the event that it does so it will notify the Subscriber by e-mail at least one (1) month before the price adjustment will enter into effect. The Subscriber will not be required to accept the price adjustment. If the Subscriber does not wish to accept the price adjustment he/she will be entitled to cancel the Subscription effective as at the date on which the price adjustment enters into effect, subject to a maximum notice period of one (1) month, in the manner stipulated in Article 4.2. In the event that the Subscriber has not given notice in writing within one (1) month that he/she does not accept the price adjustment, the Subscriber will be deemed to have tacitly accepted the adjusted Subscription Fee.
Pathé is entitled to close the Cinema or to restrict entrance for special occasions a maximum of fourteen (14) days a year, in which case the Subscription will not be valid in the Cinema in question during that period. On such days the Subscriber will be entitled to attend Film Showings at all the other Cinemas and will not be entitled to any reimbursement of the Subscription Fee for that period.
ARTICLE 7 PAYMENT
The Subscription Fee is due on a monthly basis and, with the exception of the first payment, must be paid each month by means of automatic debit collection. The first payment for the Subscripton must be made via an Ideal payment in proportion to the number of days remain in the month in question. Pathé will use the bank account that the Subscriber uses to make the first payment as the account from which it collects the subsequent Subscription Fee payments.
With the first payment of the Subscription, the Subscriber authorizes Pathé (or a to collect the Subscription Fee (or a by Pathé assigned Third Party) to collect the Subscription Fee.
It is not possible to pay the Subscription Fee at the box office of a Cinema.
In the event that the amount collected is transferred back, for any reason whatsoever, Pathé reserves the right to suspend its obligations in accordance with the Subscription and to block the Subscription. The Subscription will be unblocked as soon as the Subscriber has transferred the full amount of the Subscription Fee that is due to the bank account of Pathé and Pathé has completed its administration. The Subscriber will not be entitled to a refund of the Subscription Fee for the period of time in which the Subscription was blocked. If the Subsciber has not transferred the Subscription Fee for over 17 months, Pathé reserves the right to cancel the Subscription. The Subscriber will be informed via e-mail. In addition, payment also must be made for the minimum initial Subscription period of four (4) months for any months that have passed while the Subscription has been blocked.
In the event that the Subscriber does not comply in a timely manner with the payment obligations stipulated in these Terms and Conditions, the Subscriber will owe any and all collection costs and interest that are incurred as a result. Pathé also will be entitled to transfer the collection claim to a debt collection agency that it designates. The costs that Pathé reasonably will have to incur as a result of the Subscriber’s failure to comply with the payment obligations will be paid by the Subscriber.
The Subscriber must make all payments in single, monthly instalments. Any divergent amounts will be transferred back and will not qualify as a valid payment.
ARTICLE 8 LOSS OF, THEFT OF OR DAMAGE TO THE PATHÉ UNLIMITED PASS
From the 1th of June, Pathé does no longer hand out physical passes, unless the Subscriber can show he/she does not possess a mobile phone. Loss or theft of, or damage to, the Pathé Unlimited Pass must be reported to Customer Service as quickly as possible.
The Subscriber will not be entitled to a refund of the Subscription Fee for the period of time in which the Subscription cannot be used.
ARTICLE 9 CUSTOMER SERVICE
The Subscriber can contact Customer Service if he/she has any questions about these Subscription Terms and Conditions or the use of the Subscription. The Subscriber also can contact Customer Service if he/she has any questions with respect to payments, loss of/damage to/theft of the Pathé Unlimited Pass, requests to inspect or change his/her personal data and/or to object to the use of his/her personal data for direct marketing purposes or the receipt (or further receipt) of specific or all marketing information.
ARTICLE 10 CUSTOMER DETAILS
The Subscriber is responsible at all times for ensuring that his/her details are correct and must notify Pathé immediately of any changes to his/her details, such as a change of name, postal address, e-mail address, telephone number or bank account number.
In the event that the Subscriber fails to notify Pathé in a timely manner regarding the accuracy of his/her contact details and other details, the Subscriber will not be entitled to hold Pathé liable for any costs that are incurred as a result of the incorrect information.
ARTICLE 11 ENGAGEMENT OF THIRD PARTIES
Pathé is entitled to engage third parties in connection with its administering the Subscription.
ARTICLE 12 LIABILITY
Pathé does not accept any liability whatsoever for any damage that is the result of offering the Subscription and/or use of the Subscription by the Subscriber, insofar as that is permitted on the ground of mandatory legal provisions.
In the event that Pathé is liable towards the Subscriber for any damage for whatever reason, Pathé will be liable only for direct damage that the Subscriber sustains as a result of a culpable breach and/or unlawful act that can be attributed to Pathé. In no event will the total liability under the Subscription exceed the amount of the Subscription Fees for one (1) year.
In no event is Pathé liable for any consequential damage, including net pecuniary loss, loss of profit and intangible loss or damage. In particular, Pathé is not liable for damage or loss in connection with and/or as a result of: • termination of or a change to the Pathé Unlimited Pass programme; • obvious typographic, printing or typesetting errors in offers made by Pathé; • communication breakdowns in connection with hardware, software, network or other computer problems; and/or • inability to access the Pathé’s website.
The limitation of liability stipulated in this Article does not apply in event of an intentional act or omission or wilful recklessness on the part of Pathé.
In all cases any right to compensation of damages will arise only if the Subscriber notifies Pathé of the damage in writing as quickly as possible after the damage has arisen. Any claim against Pathé for compensation of damages will lapse merely as a result of a period of twelve (12) months elapsing after the damage arose.
ARTICLE 13 MISCELLANEOUS PROVISIONS
All legal relationships between Pathé and the Subscriber are governed exclusively by Dutch law.
Any and all disputes that arise between the Subscriber and Pathé will be submitted exclusively to the competent court in the District of [Amsterdam].
Pathé is entitled to transfer rights and obligations that ensue from the Subscription and the Subscription Terms and Conditions to third parties and will notify the Subscriber if it does so. In the event that the Subscriber does not consider that transfer of obligations to be acceptable, the Subscriber will be entitled to cancel the Subscription.
In the event that any provision stipulated in these Subscription Terms and Conditions is declared null and void or is nullified, the other provisions will remain fully in force and Pathé will lay down a new provision to replace the provision that is null and void/has been nullified, in which context it will take into consideration the purport of the provision that is null and void/has been nullified to every extent possible.
If at any time Pathé fails to exercise a right or power that vests in it by virtue of the Subscription or the law, that will not constitute a waiver of that right or power.
PATHÉ UNLIMITED SUBSCRIPTION TERMS AND CONDITIONS MAY 2018