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General terms and conditions

A. GENERAL TERMS AND CONDITIONS (AGB)

1. scope of application, subject matter of contract, definitions of terms

a) The following General Terms and Conditions apply exclusively to the website under the URL https://stage.savoy.premiumkino.de.

b) The operator of the website and provider of the content offered there is Flebbe Services GmbH, Barmbeker Straße 4, 22303 Hamburg, Germany (hereinafter referred to as the „Provider“).

c) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relations between the Provider and the customer (hereinafter also referred to as „Buyer“).

d) The object of the business relationship is the purchase of tickets, the loading of customer cards, the purchase of vouchers and other items, but also the booking of premises for holding events.

e) Customers must be 18 years of age or older to place an order on the Website.

f) Customers can be consumers and entrepreneurs. Consumers within the meaning of § 13 BGB are natural persons who conclude the respective legal transaction for a purpose which can predominantly neither be attributed to their commercial nor their self-employed professional activity. In other cases the customers are entrepreneurs according to § 14 BGB.

g) The offer is not aimed at resellers.

2. conclusion of contract and ordering process

a) The presentation of the offers on the website does not constitute a legally binding offer, but an invitation to place an order. All offers are valid „while stocks last“ unless otherwise stated in the products. Errors excepted for the rest.

b) The Customer may select products from the Supplier's product range and collect them in a so-called ordering system shopping cart by clicking the „Add to shopping cart“ button. By clicking on the button „order with payment“ he submits a binding request to purchase the products in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

c) The supplier then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the „Print“ function (order confirmation).

d) The automatic confirmation of receipt merely documents that the order of the customer has been received by the provider and does not constitute an acceptance of the application. Any transmission of the account data by e-mail for the purpose of payment in advance does not constitute a declaration of acceptance on the part of the Provider either.

e) The contract is only concluded when the supplier sends the ordered product to the customer and confirms the dispatch to the customer with a second e-mail (dispatch confirmation).

f) In the case of voucher purchases, the purchase of tickets or the loading of customer cards, the contract is concluded with the confirmation of the order by e-mail.

g) In the case of booking premises for holding events, the contract shall only come into effect upon receipt of the customer's written order confirmation from the provider.

h) The cinema ticket is transferred in digital form by means of QR codes or collection number. If the customer opts for an electronic ticket as part of the ordering process, it will be sent directly to the destination selected by him (e.g. as a QR code). In this case, the transfer of ownership of the ticket at the cinema is not necessary. If available, the ticket can also be printed out at the ticket machines provided or collected at the ticket offices. Other items will be sent to the customer. Customer cards are topped up as a means of payment exchange.

i) It is the customer's responsibility to collect the cinema ticket purchased in the online shop physically at the ticket machines provided (if available) or to keep the electronic ticket available.

3. retention of title

Until complete payment the delivered goods remain the property of the supplier.

4. booking of premises for the organisation of events

a) The following regulations in this section are only relevant when it comes to booking premises for holding events. In this case, the subject of the contract is the temporary provision of premises and equipment for events in the provider's cinema building (including individual halls and/or foyer areas) to the customer as well as the provision of services accompanying the event. The use of the outdoor banner space is only possible, if at all, in connection with a room rental and prior motif approval by the Provider. Procurement and assumption of costs. The customer is responsible for all necessary licenses under public law (such as GEMA) as well as for compliance with statutory regulations and official requirements.

b) The customer is solely responsible for the content of the event. He undertakes to refrain from demonstrations and performances that violate statutory regulations or morality. The violation of private rights or industrial property rights of third parties shall also be omitted.
c) Subletting of the premises by the customer is not permitted.

d) All rights and obligations of the contract may only be transferred to third parties with the prior written consent of the provider.

e) The customer bears the fees and taxes arising from the execution of the event.

f) The customer may only carry out conversion work and attach, attach, set up or use decorative material in the rented area after prior consultation and explicit prior written consent by the provider.

g) Use of the electricity and data network available in the building is only possible after prior consultation with the provider. It is the sole responsibility of the customer to comply with existing safety regulations and technical requirements and regulations.

h) The customer undertakes to provide the provider with a detailed schedule including the exact set-up, event and dismantling times, an overview of all trades as well as event-relevant organisational and technical details and requirements no later than two weeks before the planned date of the event. In the case of short-term events (i.e. if there are less than two weeks between the conclusion of the contract and the day of the event), the above-mentioned information must be communicated to the Supplier without delay.'

i) The customer is solely and at his own expense responsible for the execution, the safety of the event and for compliance with and observance of all existing legal and official requirements, provisions and permits, in particular the provisions of the Youth Protection Act, copyright law, the Industrial Code, the Labour Protection Act, the Working Hours Act, the Accident Prevention Regulations of the Employer's Liability Insurance Associations and the VStättV. All official and legally prescribed reporting and notification obligations as well as the obtaining of permits must be obtained by the customer and presented to the provider prior to the start of the event.

j) The customer undertakes to enter only the maximum permissible number of visitors into the respective premises.

k) In principle, superstructures in front of and next to the building are possible due to the existing basement with a maximum surface load of 1000 kilograms per square meter. If a vehicle is to be placed in front of or next to the house, the maximum area load of 1000 kilograms per square metre must not be exceeded. In addition, load distribution plates must be placed under the floor to protect it.

l) Hospitality before, during and/or after the event shall be provided exclusively by the provider or its contracted catering service provider, unless otherwise agreed in writing in the contract. Billing shall be based on actual consumption. Opened bottles shall be deemed to have been consumed in full.

m) The customer undertakes to take out a liability insurance policy for the organiser which is appropriate to the type and scope of the event and to submit this to the supplier before the start of the event.

n) The customer is obliged to inspect the rented premises and rented items immediately after they have been handed over and, if defects are found, to report these to the provider (obligation to inspect). If the customer wishes to use the stage, he undertakes to draw up a handover protocol with the provider, which records the absence of damage to the screen, among other things. If the customer omits the obligation to investigate and report any damage, any later claims for damages are excluded. Unless, the defects were not recognizable with examination and the causation of the damage is to be led back on the offerer.

o) The customer agrees with the fact that the offerer can make picture and sound recordings at any time and approves with contract signature, without requirement on remuneration, the possible spreading of the picture and sound recordings over the Internet or other communication ways.

p) If the customer plans to use the cinema projectors, he is obliged to make all image and sound material available to the customer for viewing at least two weeks before the event. If the event date is less than two weeks before the conclusion of the contract, the material must be submitted immediately.

q) The customer shall ensure that the image and sound material is free of viruses and other risks that may impair the customer's own technology. If damage (both for the provider and any third parties) occurs to the in-house technical equipment, the customer shall be liable.

r) The customer has the opportunity to use the in-house WLAN network within the scope of his event. The access data required for this may not be passed on to third parties. The provider does not guarantee the availability and security of the WLAN network. The customer must ensure secure data transmission.

s) The customer undertakes to restore the usage areas to their original condition by the agreed end of the event, to completely remove all objects, decorations and superstructures brought in by the customer and to repair any damage caused by the customer.

t) The customer is responsible for the proper disposal of waste (such as packaging materials, information brochures, etc.). The supplier reserves the right to remove or have third parties remove objects attached or left behind in the event of violation. Any costs incurred for this will be charged to the customer. There is no duty of custody by the provider.

5. termination of contracts for the booking of premises for the execution of events

a) The customer may terminate the contract by giving one week's notice.

b) If the customer makes use of this right of termination, the provider is entitled to charge the customer a lump sum for damages as follows: Time of receipt of the termination by the provider

more than four weeks before the start of the event: 25% of the total price quoted and confirmed
more than two weeks before the start of the event: 70 % of the total price offered and confirmed
less than two weeks before the start of the event: 90 % of the total price offered and confirmed

The customer has the right to prove a lower damage.

c) The right of both parties to terminate the contract without notice for good cause remains unaffected.

d) A termination of the contract must be in writing.

6. prices, shipping costs, delivery restrictions

a) All prices quoted on the website are inclusive of the applicable statutory value added tax.

b) When booking premises for holding events, the provider is entitled to demand an advance payment of up to 80% of the offered and confirmed costs to the customer (100% for companies based abroad).

c) As far as the costs for the dispatch are to be borne by the customer, these will be communicated to the customer before the order.

7. payment modalities

(a) Payment shall be made using the means of payment indicated on the website.

b) If payment is made by credit card, the credit card account will be debited immediately upon completion of the order.

c) For the rest, payment of the purchase price is due 14 days after receipt of the invoice. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.

8. note on the right of revocation

a) The right of revocation does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

b) This section is not part of the legal revocation instruction.

c) As a gesture of goodwill, the provider reserves the right to take back cinema tickets for a processing fee despite any exclusion of the right of revocation. In this case, the ticket price will be credited minus the processing fee.

9. warranty for material defects, guarantee

a) The statutory law on defects shall apply.

b) A guarantee exists with the goods supplied by the supplier only if these were delivered expressly in the article description to the respective article.

10. liability

The statutory liability law applies.

11. note on online settlement of disputes

The EU Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr .

12. data protection

a) The provider processes the customer's personal data for a specific purpose and in accordance with the statutory provisions of the DSGVO and the BDSG.

b) Please refer to the data protection declaration for further information.

13. final provisions

(written form, applicable law, contract language, contract text, place of jurisdiction)

a) Subsidiary agreements, amendments or supplements to this contract as well as all declarations and agreements relevant to the contract must be made in writing in order to be binding. E-mail and fax are also sufficient for the written form.

b) The laws of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions to the contrary apply.

c) The contractual language shall be German unless otherwise stipulated by mandatory provisions.

d) The provider saves the contract text and sends the customer the order data by e-mail. The customer can also view and download the GTC at any time on the sales portal of the provider on the website.
e) If the customer is a merchant, a legal entity under public law or a special fund under public law, the court district with the registered office of the provider is the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider.

B. REVOCATION INSTRUCTION

right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you who is not the carrier have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Xavoy Filmtheater GmbH, Barmbeker Straße 4, 22303 Hamburg, ) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than 14 days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment for such refund as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse a refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within 14 days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the 14-day period. You shall bear the costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functionality.

End of the revocation instruction

Note on the right of revocation (not part of the revocation instructions

The right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of such services.