TERMS & CONDITIONS, Nova Cinema
TERMS & CONDITIONS
TERMS & CONDITIONS
Terms & Conditions for the Sale of Cinema Tickets and Food and Beverage at the Nova Cinema
The Nova Cinema and ‘we’, ‘our’ and ‘us’) refers to The Ambassador Theatre Group 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.
1. CONTRACT AND INCORPORATION OF TERMS
1.1 Tickets may be purchased online from www.novacinema.com or the from the automated ticket machines (ATM) located in the cinema foyer or from the concessions counter.
1.2 By placing an order for tickets, you are making a request to book tickets for the relevant performance 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 For online tickets our contract for the purchase of ticket(s) is formed as soon as We have processed your payment and sent you a confirmation email. In all other cases, our contract is formed as soon as we have processed your payment. Your contract 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.
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. Please notify Us of any access requirements at the time of booking.
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 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 performances and can be withdrawn by Us without notice
3.4 Only one Concession or Discount is available per ticket.
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 this website or another of our operated systems.
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, this must be presented either on paper or on your smartphone to the staff at the cinema to gain admission.
4.2 Tickets may also be purchased from the ATM’s in the foyer or at the concessions counter, a paper ticket will be issued from these outlets, containing a QR code to be checked by staff.
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 an ATM or counter if your confirmation email confirms that your barcode can be read by a member of staff at a gate. 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. OUR RESPONSBILITIES
5.1 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.
5.2 If a film showing is cancelled or its timing altered or is not as advertised we will refund to you the cost of tickets already purchased except for the booking fee 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).
5.3 Tickets are generally 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.
5.4 Please note that, unless otherwise specified, any such refund will exclude the booking fee paid. Refunds will be made to the same payment card used to make the booking and cannot be returned to gift cards. Redeemed voucher codes cannot be re-used if the tickets they were used to purchase are refunded or exchanged.
5.5 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.
5.6 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.
5.7 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.
5.8 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.
6. AFTER SALES CARE & COMPLAINTS
Should you have any queries or complaints relating to your ticket purchase please contact our Cinema Team by email at [email protected]
7. USE OF DETAILS AND DATA PROTECTION
8. AGE RESTRICTIONS
8.1 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.
8.2. Children under 12 years of age are permitted to view films with either a U, PG, or 12A certificate, provided always that:
• children under 8 years must be accompanied by an adult 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.
8.3 Parents and guardians shall at all times remain responsible for their child(ren) whether or not they are accompanied.
8.4 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.
8.5 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).
9. 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.
10. SALE OF FOOD AND BEVERAGE AND ALCOHOL
10.1 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.
10.2 Sales of alcohol are made subject to the Licensing Act 2003 and any specific conditions stipulated on the premises license.
10.3 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.
10.4 We reserve the right to refuse any sale of alcohol.
10.5 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.
10.6 Food and beverage is generally 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.
11. DISPUTE RESOLUTION
11.1 Any complaints about your seating or ability to view a performance should be made promptly to the Management either before or during the Screening.
11.2 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.
11.3 As an online trader, pursuant to European Union legislation, you may use the following link to the European Commission's Online Dispute Resolution platform here, where you can access further information about online dispute resolution.
12.1 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.
12.2 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.
12.3 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.
12.4 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.
13. 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.
14. 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.
15. 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.
16. ENTIRE AGREEMENT
17. 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.
1. The safety and wellbeing of our staff and customers is our top priority. In light of the Covid-19 pandemic, we have implemented deep cleaning and other measures in at our cinema to help prevent the spread of the virus. These measures have been implemented in line with government and public health guidance, and it is essential for all of our customers to adhere to those requirements which have been put in place in each site. We reserve the right to refuse access to (or order the immediate removal of, without any entitlement to a refund) any person who fails or refuses to adhere to Covid-related requirements or who fails to comply with any staff request in relation to such matters.
3. As a condition of entry to the venue, all guests (age 18 and over) shall be required to show certification of:
a. A negative COVID-19 lateral flow test result (taken in the 48 hours prior to attending the Event) from a UK Government-approved test provider (either via a home kit or via a test centre), with certification shown via email or text;
b. a double COVID-19 vaccination received at least 2 weeks prior to attending the Event, which guests shall be required to show evidence of via: (a) the NHS App for Ticket Holders in England or (b) via the approved certification routes for Ticket Holders from Scotland, Wales and Northern Ireland;
c. proof of natural immunity based upon a positive PCR test taken within 180 days of the Event.
Attendees under the age of 18 (or a parent or guardian on their behalf) will be asked for verbal confirmation that they have not received a positive test for COVID-19 and are not displaying symptoms of COVID-19.
We reserve the right to refuse access to (or order the immediate removal of, without any entitlement to a refund) any person who refuses to provide such information in the manner requested, or who is unable to prove the provision of such information to the reasonable satisfaction of cinema staff.
GENERAL CONDITIONS OF ADMITTANCE
1. The admission of guests to the cinema is strictly subject to this Admissions Policy. By purchasing a ticket to attend the cinema operated you agree to be bound by this Admissions Policy.
2. We reserve the right to refuse access to or order the immediate removal without any entitlement to a refund of any person who fails to act in accordance with this Admissions Policy.
3. In general, we ask that our guests are seated before the start of the main feature however entry to the auditoria is permitted after the start although we ask that guests take their seats without causing disturbance to others attending the screening.
4. We also reserve the right to refuse admission to the Cinema in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
5. We also reserve the right to request customers leave the Cinema at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, we may remove a customer who:
• has behaved in the Cinema in a manner which, in the reasonable opinion of the management has, or is likely to affect the enjoyment of other customers, is disruptive, antisocial or violent; or
• uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
• in the reasonable opinion of the management is under the influence of drugs or has consumed an excessive amount of alcohol; or
• fails, when required, to produce proof of identity or age or proof of eligibility for concessions; or
• obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a ticket.
6. You must comply with instructions and directions given by Cinema staff and stewards.
7. The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside the Cinema is strictly forbidden. Unauthorised recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted.
8. Mobile telephones and messaging equipment must be switched off during the screening.
9. Alcohol may be consumed in public bars and other authorised areas including the auditoria provided it is consumed from the plastic containers provided. Smoking (including e-cigarettes or vapes) is not permitted within the cinema.
10. The Cinema operates 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.
11. We reserve the right to refuse any sale of alcohol.
12. The following are not permitted within the cinema:
• animals (with the exception of assistance dogs);
• laser pens, fireworks, flares, smoke bombs
• Your own food and drink;
• any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
• illegal substances.
13. We reserve the right to conduct security searches from time to time and confiscate any item which, in our reasonable opinion, may cause danger or disruption to other members of the audience or is one of the items not permitted in the Cinema as listed above. We will not be liable for any loss, theft or damage to confiscated items.
14. Customers must comply with all relevant statutes, safety announcements and regulations whilst attending the cinema. If you have any special requirements or concerns about any possible content in any of the films being show, please let us know when ordering your tickets.