Terms & Conditions for the Sale of Cinema Tickets and Food and Beverage at the Nova Cinema
DEFINITIONS AND INTERPRETATION
The Nova Cinema and ‘we’, ‘our’ and ‘us’ refers to ATG Entertainment Limited, registered in England and Wales with company number 2671052 whose registered office is at 2nd Floor, Alexander House, Church Path, Woking, GU21 6EJ who is the Trader for the purposes of The Consumer Rights Act 2015. Our VAT number is 689278071.
‘Event’ means a cinema screening or other event including, without limitation, a comedy event, open mic night or workshop to be held at Nova Cinema.
‘Event Partner’ means any party involved in the provision of the Event, such as a Promoter, Venue owner/operator, performer or producer.
‘Promoter’ means the person firm or company staging the Event if different from Us.
‘Terms and Conditions’ means these terms and conditions and the Website Terms of Use.
‘Tickets’ means printed, electronic or other type of evidence of the right to attend an Event at Nova Cinema.
‘Website' means www.novacinema.com.
‘Working Day’ means Monday to Friday, excluding any Public or Bank Holidays.
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
1. CONTRACT AND INCORPORATION OF TERMS
1.1 Tickets may be purchased online from www.novacinema.com or the from the concessions counter or kiosks in the cinema foyer. Contactless payment methods can be used at the concessions counter; please note we cannot accept cash.
1.2 By placing an order for tickets, you are making a request to book tickets for the relevant Screening or Event, subject to these Terms and Conditions and our Admissions Policy. Please note that this does not mean that your request has been accepted.
1.3 Your contract for the purchase of ticket(s) is formed as soon as We have processed your payment and will expire immediately after the relevant screening for which you purchased ticket(s). However, any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed Our verification processes.
1.4 You may need to create an account with us to purchase tickets and/or other cinema-related products via our Website or to participate in ticket transfer. You are responsible for the activity that occurs on your account so please keep your user name, passwords and any other pieces of information used by you as part of our security procedures, confidential. You must not disclose any of this information to any third party.
1.5 To register for an account and purchase tickets and/or other cinema-related products from us:
- you must be 18 or over;
- please follow the registration instructions and please note that you will need to provide us with certain registration information (all your details must be kept up to date at all times).
1.6 We have the right to disable any user account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions (or any other of our terms of which you have been made aware).
1.7 Please note that you may not register more than once for an account. Multiple identities and accounts are not permitted.
1.8 Only you may use your account. If we find that you are allowing other individuals to use your account, then we may suspend or terminate your account.
1.9 You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password and any failure to do so shall be at your sole risk and expense. If another person accesses your account, you are solely responsible for all their actions whether or not their access was authorised by you and you hereby agree to take responsibility for and reimburse us in respect of all costs, claims, expenses and damages howsoever arising in connection with the use of, or access to, your account by any third party (save where such activity is the direct result of a failure by us or our systems).
If you know or suspect that anyone other than you knows your user name or password or you suspect that your account has been breached in any way, you must promptly notify us by emailing help@novacinema.com.
2. TICKETS
2.1 All tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with Us prior to purchase, as purchase of Ticket(s) constitutes agreement of these Terms and Conditions. A valid Ticket must be produced to enter a Screening or Event. Please notify Us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. We will not be responsible for any Ticket that is lost, stolen or destroyed.
2.2 It is Your responsibility to check your ticket(s) as mistakes cannot always be rectified after purchase. Please check your ticket(s) on receipt carefully and contact us immediately if there is a mistake.
2.3 Age restrictions apply to film viewing and some ticket types. Please check carefully before you book and be ready to show proof of age at the Cinema.
2.4 If you need 3D glasses to watch a 3D film, you will be provided with these on entry to the auditorium. Where there is a charge for these it will be made at the time of booking for your tickets.
2.5 All seating is allocated unless otherwise specified at the point of purchase. It is important that you occupy only the seats you have chosen or been allocated at the time of purchase.
2.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
2.7 Possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the Ticket.
2.8 Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Event Partner(s), provided that even if such consent is obtained, use of Our trade marks and other intellectual property is subject to Our prior consent.
2.9 You agree not to obtain or attempt to obtain any ticket(s) through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any ticket transaction which we reasonably suspect to have been made in breach of these provisions without any notice to You and any and all ticket(s) purchased as part of such transaction will be void.
3. PRICE AND PAYMENT
3.1 The price of the ticket or any food and beverage options shall be the price set at the time we accept your order. All advertised prices are inclusive of any applicable taxes and per ticket booking fee (where applicable).
3.2 No order will be accepted until we have received full payment in cleared funds. We reserve the right to cancel any booking which We reasonably suspect to have been made fraudulently.
3.3 All Concessions and Discounts are subject to availability, they may be restricted to certain price levels and Screenings and can be withdrawn by Us without notice.
3.4 Only one Concession or Discount can be applied per ticket and cannot be applied retrospectively once your order has been accepted. Discounts do not apply to Packages and ancillary items or services unless stated at the point of sale.
3.5 If the amount you pay for a ticket is incorrect, regardless of whether because of an error in a price posted on our Website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or pre-sale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of our Website or another of our operated systems.
4. DELIVERY
4.1 Tickets booked online will be acknowledged by email with an attachment which will be your ticket. This attachment contains a QR code and details of the booking, which must be presented either on your smartphone or printed on paper to the staff at the cinema to gain admission.
4.2 Tickets may also be purchased from the concession counters or kiosks in the foyer, and your ticket will be delivered by email or a paper ticket will be printed.
4.3. For tickets delivered to your mobile phone or computer as a QR barcode, please note that the person receiving the barcode is considered to be the rightful ticket holder and such barcode ticket can only be used once. You will be able to enter your screening without having to visit a kiosk or counter if your confirmation email confirms that your barcode can be read by a member of staff at the Cinema. Please note that if you have pre-purchased food and beverage with your tickets you will still need to go to a counter to collect your order.
5. RESALE
5.1 Tickets You purchase are for You and Your Party’s personal, non-commercial use and must not be resold for profit. You must not purchase and/or resell Your Tickets (i) with the intention of reselling Your Tickets for profit or (ii) on behalf of a business, or (iii) as a trader acting in the course of business. If We discover or have reason to suspect that You have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel Your Tickets without notice and will refund You the price paid by You to Us for such Ticket and/or block You from purchasing other Tickets. If we cancel any Ticket or block you from purchasing Tickets, we shall notify You.
TICKET TRANSFER
5.2 We may offer a ticket transfer facility for some Tickets. Where this is offered, You can log into your account on Our Website to transfer Tickets you have purchased to your friends and family.
5.3 Ticket Transfer is only intended to be used for transferring Tickets to friends and family. Tickets may only be transferred to persons who are aged 18 and above.
5.4 Please note that by using Ticket Transfer to transfer a Ticket You have purchased (or that You have been transferred by someone else using Ticket Transfer), You are only facilitating another person to use the Ticket. The original contract for the purchase of that Ticket remains between Us (or the original purchaser as the case may be), regardless of the number of times the Ticket is transferred using Ticket Transfer. However, all terms and conditions applicable to the use of a Ticket and rules of admission, venue rules shall remain applicable to such Ticket.
5.6 Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.
5.7 You can cancel a Ticket Transfer invitation but only if you do so before the recipient accepts your Ticket Transfer invitation.
5.8 Once a recipient accepts your Ticket Transfer invitation you will not be able to (i) use your original Ticket for Event entry; (ii) cancel or otherwise get the transferred Ticket back (because the recipient will get a new Ticket with a new barcode). If a Ticket is transferred multiple times using Ticket Transfer, only the Ticket from the most recent Ticket Transfer will be valid for entry; all previous Ticket barcodes will be cancelled.
5.9 If an Event is cancelled, rescheduled or materially altered, only the original purchaser of a transferred Ticket will be entitled to any refund or credit available under clause 7.3. We will only deal with the original purchaser of a transferred Ticket in respect of all matters relating to the Ticket and the Event for which it is issued. It is the responsibility of the original purchaser of a Ticket to keep all the recipients of any transferred Tickets updated with any information we provide to the original purchaser.
5.10 To the maximum extent permitted by law, any liability We may have in connection with a Ticket will only be owed to the original purchaser of the Ticket, and not to any recipient to whom that Ticket may have been transferred (whether using Ticket Transfer or otherwise).
6. VOUCHERS AND MEMBERSHIPS
6.2 Gift Voucher purchases are subject to our Gift Voucher Terms & Conditions.
6.3 Super Nova membership is subject to our Membership Terms & Conditions.
7. OUR RESPONSIBILITIES
7.1 At all times, we will endeavour to ensure that advertised film schedules are materially accurate and that films are shown in accordance with such schedules. However, we cannot always guarantee the accuracy of the advertised schedules. We also reserve the right to cancel a showing, substitute an alternative film or vary the time of a showing, if necessary for any reason.
7.2 It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, We will use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event.
7.3 If a film showing is cancelled or the screening time materially altered we will refund to you the cost of tickets already purchased but we shall not be liable to reimburse you for any expenses or any other losses incurred (including but not limited to travelling costs and car parking costs).
Tickets are otherwise non-refundable. We are under no obligation to refund you or exchange your ticket(s) in the event that you are unable to attend the screening through no fault of ours, if you make any error when purchasing your tickets (including but not limited to selecting the wrong film or the wrong number of tickets), if you are excluded from viewing the film for any breach of these Terms and Conditions, or if your ticket is lost, stolen or damaged.
7.4 Refunds will be made to the same payment card used to make the booking and cannot be returned to gift cards or any other payment method. Redeemed voucher codes cannot be re-used if the tickets they were used to purchase are refunded or exchanged.
7.5 We will not be responsible for any loss, injury or damage to any person (including you) or property howsoever caused: (a) in any circumstances where there is no breach of a legal duty of care owed by us (s); (b)in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from our negligence); or (c) to the extent that any increase in any loss or damage results from breach by you of any of these Terms and Conditions. Our total liability to you shall be an amount equal to the price of your tickets.
7.6 We accept no responsibility for any information displayed or broadcast in the cinema by any third party or for the content of any film or advertisement that is shown at the cinema.
7.7 You must keep your personal belongings with you at all times. We accept no responsibility for the loss, theft, alteration or damage to any personal items brought onto the premises.
7.8 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or other type of liability which cannot by law be excluded or limited.
8. AFTER SALES CARE & COMPLAINTS
Should you have any queries or complaints relating to your ticket purchase please contact our Cinema Team by email at help@novacinema.com.
9. USE OF DETAILS AND DATA PROTECTION
See our Privacy Policy for more details on how we handle your data.
10. AGE RESTRICTIONS
10.1 Photographic identification (for example driving licence, passport or any other photographic identification that we deem to be acceptable) may be requested prior to permitting entry into 12A, 15 and 18 certificated films. Tickets purchased for such films can only be collected and/or used upon production of the necessary identification, if requested.
10.2. Children under 12 years of age are permitted to view films with either a U, PG, or 12A certificate, provided always that:
• children under 15 years must be accompanied by an adult aged 18+ at all times to watch any film;
• children under 12 years must be accompanied by an adult to watch any film with a 12A certificate; and
• children under 12 years must be accompanied by an adult to watch any films starting at 7pm or later.
10.3 Parents and guardians shall at all times remain responsible for their child(ren) whether or not they are accompanied.
10.4 Unless expressly stated otherwise, performances starting at or after 10.30pm are strictly for those aged 18 regardless of a film's certificate. Photographic identification may be required for entry into any films starting at or after this time.
10.5 We are 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).
11. CONDITIONS OF ADMITTANCE
You must comply with our Admissions Policy at all time. Failure to do so could result in you being denied entry to the cinema, requested to leave the Cinema at any point, in each case without any entitlement to a refund.
12. SALE OF FOOD AND BEVERAGE AND ALCOHOL
12.1 If you have purchased food and drink with a ticket it must be collected on the same day as your film screening, any time before the cinema closes.
12.2 Sales of alcohol are made subject to the Licensing Act 2003 and any specific conditions stipulated on the premises license.
12.3 We operate a Challenge 25 proof of age scheme. If, in the opinion of our staff, you appear under the age of 25, you will be asked to prove your age by providing photo identification such as a passport, drivers licence, card bearing the PASS hologram or military identification card.
12.4 We reserve the right to refuse any sale of alcohol.
12.5 Any alcohol ordered online is also subject to the following terms and conditions:
1) By placing an order online for an alcoholic product you confirm that you are aged 18 or over.
2) The individual who made the online order must, upon collection of the alcoholic product at the cinema, provide proof of their identity and that they are aged 18 or over in order for the sale to be completed.
3) We cannot guarantee that all alcoholic products ordered online will be available on the day of the performance for which you have booked. We will however do our best to ensure that your order can be fulfilled.
4) In circumstances where sales of alcohol are refused at the point of collection or we cannot fulfil your order, you will be provided with a full refund for the cost of the order.
12.6 Food and beverage is non-refundable. We are under no obligation to refund you or exchange your items in the event that you are unable to attend the screening through no fault of ours, if you make any error when purchasing your items (including but not limited to selecting the wrong food or beverage item or the wrong quantity), if you are excluded from viewing the film for any breach of these Terms and Conditions.
13. DISPUTE RESOLUTION
13.1 Any complaints about your seating or ability to view a performance should be made promptly to the Management either before or during the Screening.
13.2 If any dispute arises out of these Terms and Conditions, we will attempt to settle it. We will acknowledge all customer correspondence within 24 hours, and we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties within 5 Working Days.
14. GENERAL
14.1 If we delay or fail to enforce any of these Terms and Conditions It shall not mean that we have waived our right to do so.
14.2 We shall be entitled to assign any of our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
14.3 If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
14.4 Any person who is not a party to these Terms and Conditions shall have no rights under the Act to rely on any of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case on We, the Event Partner(s) (and/or its affiliates, successors or assigns) and You (or Your assignees permitted hereby) have rights and obligations under this contract.
15. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
For the purposes of these Terms and Conditions, ‘Force Majeure’ means any cause beyond our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not be liable to you for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.
16. AMENDMENTS AND VARIATIONS
We intend to rely on the written terms set out here in this document as well as the Admissions Policy. You should read the terms and conditions carefully before entering into the contract to ensure that they contain very thing that You consider has been agreed. If they do not then you should speak to any member of staff. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless we both agree and it is preferable that this is in writing). We reserve the right to amend our Admissions Policy from time to time.
17. NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions and no action taken by you or us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between you and us beyond the relationship created under these Terms and Conditions.
18. ENTIRE AGREEMENT
These Terms and Conditions and the Admissions Policy and our Privacy Policy constitute the entire agreement between us in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties. We each agree that we have not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly communicated by Us to You before You have completed Your purchase or set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
19. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.