General Terms and Conditions of MyCinepass Reservation System
These General Terms and Conditions (hereinafter referred to as "GTC") regulate the legal relations between the persons registered in MyCinepass reservation system on one hand and ART FILM FEST, s.r.o., with its registered office at Kukučínova 81/2 , 040 01 Košice – mestská časť Juh, company reg. no.: 48284254, registered in the Companies Register of the Košice City Court, section: Sro, file no.: 58934/V , on the other hand as the Operator of this information reservation system (hereinafter referred to as the "Operator").
These General Terms and Conditions also govern the legal relations between the owner of a purchased ticket, Cinepass through MyCinepass system on one hand, and the Event Organizer on the other (see item 1.3. GTC) represented by ART FILM FEST, s.r.o. on its behalf and account, with its registered office at Kukučínova 81/2, 040 01 Košice – mestská časť Juh, company reg. no.: 48 284 254, registered in the Companies Register of the Košice City Court, section: Sro, insert no. 58934/V, on the other hand, for the purpose of the sale of Tickets and Cinepasses for the Organiser's Event using non-cash payments.
1. DEFINITIONS OF TERMS, INTRODUCTORY PROVISIONSA
1.1. ART FILM FEST, S.R.O.
ART FILM FEST, s.r.o. is the Operator of MyCinepass reservation system. The registration in this system is free of charge and is not tied to other purchases and is voluntary. In the event that a person interested in a particular Event in this system wishes to purchase a Cinepass, such purchase is already subject to the registration in the MyCinepass reservation system due to the services associated with this product. The purchase of single tickets is not subject to registration. The main objective of MyCinepass information and reservation system is to provide all those interested in a particular event with information and an overview of the event. Persons using the system are then able to purchase Tickets, Cinepasses, or make reservations for already purchased Cinepasses for selected performances within a specific event.
ART FILM FEST, s.r.o., on the basis of the Cooperation Agreement concluded with the Event Organiser, mediates and provides distribution and online sale of Tickets and Cinepasses for the Organizer's event, namely through its own MyCinepass sale and reservation system.
1.2. EVENT
An event is a set of public performances/ shows (AUDIOVISUAL, MUSICAL PRODUCTION, EXHIBITION, FILM SCREENING and OTHER COMMUNITY EVENTS) held in the territory of the Slovak Republic or another EU Member State, for which tickets and Cinepasses are sold through MyCinepass system, and which are organized or arranged by the Organiser.
An Event represents services related to leisure activities which the Organisers undertake to provide at an agreed time or deadline. Current information about each Event is published on the website of the specific Event Organiser.
1.3. ORGANISER
An Organiser is a legal entity that arranges/ organises a social event. The Operator has concluded mutual agreements with the following Organisers:
- ART FILM FEST s.r.o., Kukučínova 81/2 , 040 01 Košice – mestská časť Juh, IČO: 48284254, IČ DPH: SK2120116383, the Operator is also the Organiser of "MFF Art Film” International Film Festival.
- SLOVENSKÝ FILMOVÝ ÚSTAV (SLOVAK FILM INSTITUTE), government contribution organization of the department of the Ministry of Culture of the Slovak Republic, Grösslingová 32, 811 09 Bratislava, Company Reg. No.: 00891444, Tax ID No.: 2020831439, which organises the events "Filmový kabinet"
- občianske združenie štyri živly, Novackého 2, 841 04 Bratislava, Company Reg. No.: 31813291, Tax ID No.: 2021697755, which organises the film festival and the seminar called "4 živly",
- Iniciatíva Inakosť, Rajská 4, 811 08 Bratislava, Company Reg. No.: 37995545, which organises the events "Filmový festival inakosti" and "Queer film a kontext"
- ANČA, o.z., Štefánikova 161, 811 04 Bratislava, Company Reg. No.: 42128323, Tax ID No.: 2022488699, which organises the film festival named “FEST ANČA”
- Asociácia slovenských filmových klubov, Brnianska 33, 811 04 Bratislava, Company Reg. No.: 30812976, Tax ID No.: 2022488699, which organises the film festival named “MFFK Febiofest”.
- Človek v ohrození, n.o , Baštová 343/5, 811 03 Bratislava, IČO: 50082001, DIČ: 2120195154, ktorá organizuje podujatie pod názvom „Jeden svet“,
- Občianske združenie HORY A MESTO, Sasinkova 225/20, 900 21 Svätý Jur, IČO: 36070360, DIČ: 2021594267, ktoré organizuje podujatie pod názvom „HORY A MESTO“,
- Artflow s.r.o. , Pribinova 22/A, 811 09 Bratislava, IČO: 51466236, DIČ: 2120722626, ktorá organizuje podujatie pod názvom „JUNE FILM FEST“.
1.4. POINT OF SALE/REGISTRATION
The Point of Sale/Registration may also have other names, such as e.g. Accreditation Centre, but the essence remains. This is a place established by the Event Organiser and intended for the sale and reservation of Tickets and Cinepasses. It can also serve as an information kiosk. Such a place is established temporarily, only for the duration of the Event. The current list of such places is published on the Organiser's website.
1.5. EVENT PERFORMANCE
Several performances are held as part of an Event. These are different types of events (AUDIOVISUAL, MUSIC PRODUCTION, EXHIBITION, FILM SCREENING and OTHER SOCIAL EVENTS) organised by the Organiser. Entry to such an Event Performance may or may not be subject to the purchase of a Ticket or Cinepass. Detailed information and rules are always provided by the Organiser on the Event website.
1.6. TICKET
A Ticket is a confirmation allowing its holder, for a one-time fee, entry to one Event Performance, for which it has been purchased. A Ticket cannot be offered for resale, returned for sale or exchanged for a different Event Performance than the one for which it has been purchased. Modifying, forging or copying Tickets constitutes a criminal offence. A Ticket is valid without modifications and when fully legible. After departing the venue of the performance, the Ticket becomes invalid. A Ticket serves as a document for the Ticket Holder.
1.7 VIRTUAL CARD
A virtual card is a document that a registered user of the MyCinepass system receives after purchasing a specific Cinepass product using online payment if he/she does not yet hold a physical Cinepass from the previous year of the event. A virtual card is a temporary replacement for Cinepass for making reservations for screenings, which are available for this product immediately from the moment they are made available by the reservation system. A virtual card cannot be used to enter cinemas, but it needs to be exchanged for a Cinepass at a location specified by the Organiser (POINT OF SALE/REGISTRATION). The buyer has to print the virtual card or present it in electronic form to the Organiser's employees for a free replacement for a Cinepass.
1.8. CINEPASS
Cinepass is a season ticket and can have several forms and designations. Some organisers also use alternative names such as Accreditation or Index. The form of Cinepass may also vary depending on the Organiser's requirements. Usually it is a printed plastic card, but it can also take the form of a wristband, or it can be laminated paper cards and the like. The exact form of Cinepass shall be determined by the Organiser. Cinepass is issued for an event lasting one or more days (so-called permanent ticket), with precisely defined validity criteria. The validity of Cinepass can be limited by time or by the number of entries used. In specific cases, it is also possible to use limitation on specific locations of the given Event. Following the expiration / use of these criteria, the Cinepass becomes invalid. In principle, a Cinepass can be activated for a fee repeatedly within the current Event, or at the next edition of the Event (if the organizer approves such an option). Cinepass is invalid unless it has been activated in MyCinepass system for a specific edition of the Event.
A Cinepass can be activated through MyCinepass system after logging into the user account or directly at the Point of Sale of the Event after paying the fee or presenting a discount coupon for a partial or full amount.
A Cinepass purchased at the Point of Sale/ Registration cannot be afterwards transferred to a different account (a different person) in MyCinepass reservation system than the one to which it was issued.
A Cinepass is tied to the name of the Cinepass Holder, it is non-transferable, it cannot be offered for resale, returned for sale, exchanged or arbitrarily printed in duplicate. Modifying, forging or copying Cinepasses constitutes a criminal offense. An activated Cinepass is valid without modification or damage, for entry to specific performances of an Event based on the instructions and rules of the Organiser. A Cinepass is not allowed to be scanned into mobile apps. Current Cinepass prices are published on the Organiser's website.
Through a Cinepass, it is possible to make reservations for specific Event Performances based on predefined conditions set by the Organiser. The exact rules are specified on the Organiser's website. A Cinepass can also enable entry to the performances of the Event for which the Cinepass Owner does not have a reservation made. The exact terms and conditions shall be determined by the Organiser.
1.9. TICKET/CINEPASS HOLDER
A Cinepass/Ticket Holder is the person who has purchased a Cinepass/Ticket at the POINT OF SALE/ REGISTRATION, or directly in MyCinepass system via a specific festival subpage. The Ticket/Cinepass Holder may not further offer the Ticket/Cinepass for sale. A Cinepass is non-transferable and tied to a specific name/person. The Ticket/Cinepass Holder grants the Organisers and third parties a consent without any reservations to prepare and publish any form of recording (likeness, image, visual and sound recording) made in an appropriate way at an Event or in connection with it for artistic and marketing purposes and for press, film, radio and television news.
2. TYPES OF TICKETS
2.1. CLASSIC PAPER TICKET
A classic ticket, which is issued by the Organiser at a Point of Sale/ Registration after payment of the Ticket price in full amount, needs to include:
- name of the event, date of the event, place of the event, time and date of the event
- Ticket price
- complete, unique Ticket code
- the Organiser's tax details
2.2. ELECTRONIC TICKET
A new method of distributing Tickets via e-mail delivered directly to the Ticket Owner's e-mail address based on web reservation and full payment of the Ticket price.
A Ticket can be received immediately after payment of the Ticket price in the form of a PDF document directly from MyCinepass reservation system. Registered persons always have their tickets available after logging into their account. Each Ticket in the PDF ticket document contains a unique QR code that allows the Holder to enter a specific Event Performance. A Ticket can be printed or used via mobile by reading the QR code from the PDF document. In such a case, the Ticket Holder undertakes to provide the Organiser's staff with full cooperation when scanning such a ticket, mainly by setting the highest brightness of the display and the optimal size of the displayed code.
An electronic ticket must contain:
- name of the event, date of the event, place of the event, time and date of the event
- Ticket price
- complete, unique Ticket code
- the Organiser's tax details
3. ZMLUVNÝ VZŤAH
3.1. The Operator of MyCinepass reservation system, on the basis of a separate Cooperation Agreement concluded with the Organiser, exclusively provides for the sale of Tickets and/or Cinepasses for individual Event Performances for the benefit of the Organiser and at the same time on behalf of the Organiser accepts non-cash funds corresponding to the purchase price of Tickets and/or Cinepasses from clients. The Agreement is entered into for a definite period of time, normally until the Event will have taken place.
3.2. By purchasing a Ticket and/or Cinepass at a Point of Sale/Registration and paying the price of the Ticket and/or the Cinepass by cash payment, the Ticket/Cinepass Holder enters into a legal relationship directly with the specific Event Organiser. Information about Events is published at Points of Sale, on the Organiser's website, or directly in MyCinepass reservation system in the section of the specific event in the menu "Organiser/Events", where you can also find information about the specific Event Organiser. The Agreement is entered into for a definite period of time, normally until the Event will have taken place.
3.3. The Operator shall not be liable for any Event adjustment. The Operator shall not be responsible for the actions of the Organizer or for the course of the Event. The Operator is not obliged to carry out inspections at individual Events, is not liable and assumes no responsibility for the Event, adjustments in the course of the sale of Tickets and any changes in the organization of the Event. Ticket/Cinepass Holders shall be obliged to follow the instructions of the Organiser, the Organisation Service or the Operating Rules of the Event.
3.4. The Operator is not responsible for the accuracy, completeness and timeliness of the information about the Events published in MyCinepass reservation system provided by Event Organisers.
3.5. The Organiser is obliged to notify information about cancellation or adjustment of an Event or change of individual Performances of the Event to the Ticket/Cinepass Holder via the Organiser's official website. An Event Organiser can use email notification of MyCinepass system to notify the Owners of Tickets/Cinepasses purchased in MyCinepass reservation system of a change or cancellation of their purchased part of the Event or the cancellation of the entire Event to their email address provided in the system. The Operator shall not be liable if the notification is not sent to the Ticket Owners because the Organiser does not use this option or the Ticket/Cinepass Owners has an inaccurate or invalid e-mail address registered in the system.
4. RIGHTS AND OBLIGATIONS OF TICKET/CINEPASS HOLDER
4.1. A Ticket Holder is entitled to use the Ticket for one-time entry to a Performance of the Event which it was purchased, and at the same time the Ticket Owner is obliged to arrive at the Event Performance and take his/her seat no later than 5 minutes before the start of the Event Performance. After this time, the Ticket will expire without refund. The Organiser has the right to provide such unused space to a Cinepass Holder. Upon leaving the area in which a Performance of the Event is taking place, the Ticket will lose its validity.
4.2. A Cinepass Holder is entitled to use Cinepass for admission to individual performances of the Event for which it was purchased. More detailed terms and conditions for the use of a specific type of Cinepass are listed on the Organiser's website.
4.3. A Cinepass Holder is obliged to present a valid identity card upon request of the Organiser or persons authorised by the it.
4.4. The Ticket Holder is obliged to check the Ticket and the data on it immediately after payment of the Ticket price and its receipt at a Point of Sale (in case of a classic paper Ticket), receipt of the Ticket in electronic form and to immediately claim any defects in accordance with item 11 of these General Terms and Conditions.
4.5. A Ticket Holder is obliged to keep the Ticket carefully as a tax document.
4.6. A Ticket/Cinepass Holder is obliged to carefully keep the receipt from a POS terminal in case of payment of the price of the Ticket and/or the Cinepass by credit card at a Point of Sale and/or a Point of Registration in case of a claim for refund of the paid price.
4.7. A Ticket/Cinepass Holder is obliged to protect the Ticket, Cinepass from misuse by third parties, which could occur due to his/her negligent actions.
4.8. A negligent act (use) is a circumstance in which a Ticket/Cinepass can be seized by a third party without much effort and in an unauthorised manner. Seizure is also understood as an action that does not result in the physical theft of a given Cinepass/Ticket, but in which copies of the data contained therein are made. In the event that this happens and the data thus obtained are misused, the Ticket/Cinepass Holder loses the right to use their Ticket/Cinepass.
4.9. In the event that a Ticket Holder presents a ticket with a code that has already been used for a particular screening of the Event, the Ticket Holder shall not be entitled to use such Ticket on the grounds that clauses 4.7 and 4.8 of these General Terms and Conditions have been met.
4.10. A Ticket/Cinepass Holder is entitled to use the Ticket, Cinepass only for the purposes for which it is intended. Any other use of the Ticket, Cinepass is prohibited.
4.11. The Operator of MyCinepass system recommends Ticket/Cinepass Holders to get informed about any changes related to the Event for which the Ticket/Cinepass was purchased, including possible cancellation of the Event, at Points of Sale or on the Organiser's website.
4.12. By presenting a Ticket/Cinepass at the entrance to the screening of the Event, the Ticket/Cinepass Holder approves of the instructions of the Organiser at the venue of the Event and the terms and conditions attached to them.
5. SCOPE OF SERVICES, CHANGE OF SCOPE OF SERVICES
5.1. Restrictions on a particular Event may occur due to adverse weather conditions, circumstances related to the time of year, the health of the performers, etc. The Organiser reserves the right to adjust a Performance of the Event. In the event that there are serious reasons related to the limitation of the offered Performance of the Event, the Organiser is obliged to inform the Ticket/Cinepass Holders and those interested in Tickets, Cinepasses about a change, cancellation or alternative date of the Event Performance, or about the place and time of the refund of the entrance fee (in the case of tickets purchased at Points of Sale/Registration) via the Organiser's website. A Ticket/Cinepass Holder is not entitled to any refund or reduction of the Ticket price if he/she has attended the Event screening, or if he/she has used the proposed new date of the Event Performance, or if he/she has used an alternative Event Performance, nor is he/she entitled to reimbursement of any other expenses (transport to the Event venue, accommodation, meals, delivery of the ticket, etc.).
5.2 In case of Event cancellation, the funds representing the price of the Ticket shall be refunded based on the instructions of the Organiser. Ticket Holders are entitled to claim a refund within 90 calendar days of the scheduled Event Performance of the Event at the latest. The place, time and method of refunding the entrance fee shall be determined by the Organiser and communicated to Ticket Holders via its website. It may or may not also be announced via MyCinepass reservation system in the "News" section or by email. See Article 10 of these General Terms and Conditions for more information on the refund method.
5.3. Cinepass Holders are not entitled to any compensation in case of cancellation of a specific Event Performance.
5.4. In the event of cancellation of the Event as a whole for reasons on the part of the Organiser, i.e. not for reasons of force majeure, the Ticket Holder is entitled to a refund of the ticket price in the event that a substitute Event has not been provided or if the date of the substitute Event does not suit them.
5.5. In the event of cancellation of the entire Event, the funds representing the price of the Ticket or Cinepass shall be refunded without unreasonable delay after the announcement of the cancellation of the Event is published by the Organiser. Ticket/Cinepass Holders are entitled to claim a refund within 90 calendar days of the scheduled Event at the latest. The place, time and method of refunding the entrance fee shall be determined by the Organiser and communicated to Ticket/Cinepass Holders via its website. See Article 10 of these General Terms and Conditions for more information on the entrance fee refund method.
5.6. The Organiser has the right to reschedule the Performance of the Event to an alternative date or to offer entry to another alternative Performance of the Event. The information will be published via the Organiser's website. It may or may not also be announced via MyCinepass reservation system in the "News" section or by email.
5.7. In case that a scheduled Performance of the Event is cancelled, the Organiser has the right to reschedule the Performance of the Event to an alternative date or to offer entry to another alternative Performance of the Event. The information will be published via the Organiser's website. It may or may not also be announced via MyCinepass reservation system in the "News" section or by email.
6. RESERVATION FOR CINEPASS AND PURCHASE OF TICKETS
6.1. Cinepass Holders can book their entry for selected Events directly at a Point of Sale/Registration or online via MyCinepass reservation system. Such a reservation on Cinepass is free of charge. The number of possible reservations for 1 Cinepass is determined by each Organiser separately. Exact instructions can be found on the Organiser's website.
6.2. Reservations can only be made up to a certain time before the start of a specific Event Performance. Typically, reservations are blocked 60 minutes prior to the start of the Performance regardless of whether you want to make your reservation online or at a Point of Sale/Registration. Exact instructions can be found on the Organiser's website.
6.3. Tickets can only be purchased through MyCinepass reservation system up to a certain time before the start of a specific Event Performance. Usually, online ticket sales are blocked 60 minutes before the start of the Performance. Exact instructions can be found on the Organiser's website.
6.4. Reservations, unless otherwise specified by the Organiser, are valid until the deadline, which usually ends 5 minutes before the start of the reserved Performance. After this date, the Cinepass Holder is no longer guaranteed access to the Event Performance venue. The Organiser reserves the right to offer such a seat to other potential clients.
6.5. Cancelling a Cinepass reservation
Cinepass Holders have the right to cancel their Cinepass reservation at any time, free of charge, either at a Point of Sale/Registration or via their MyCinepass reservation system account.
6.6. By purchasing a Ticket either through MyCinepass reservation system or in person at a Point of Sale/Registration, the client purchases a separate reservation for a specific Event screening. Such a reservation cannot be cancelled. If a Ticket Holder does not appear in the cinema hall at least 5 minutes before the start of the reserved screening, such a Ticket becomes invalid and the Organiser is entitled to offer the unused vacant seat to Cinepass Owners without a reservation.
6.7. By purchasing a Ticket or a Cinepass including a Virtual Card, it is not possible to withdraw from the contract with the Organiser/Operator and claim a refund of the entrance fee, regardless of whether the Ticket was purchased directly at a Point of Sale/ Registration or through MyCinepass reservation system, as according to the provision of Section 7 (6) (k) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a remotely concluded contract or a contract concluded outside the seller's premises, the client may not withdraw from a contract, the subject of which is the provision of services related to leisure activities and under which the seller undertakes to provide these services at the agreed time or within the agreed period, while the contract for the purchase of a Ticket to the Event constitutes a contract under which the seller, i.e. the Organiser/Operator, undertakes to provide the Ticket Holder with a leisure service, i.e. the Event Performance, at the agreed time or period of the Event.
6.8. The Operator of the MyCinepass system, as a person authorised by the Organiser, will not accept the return of a Ticket already paid for and received for the Event to be held. It is also not possible to request an entrance fee refund by a Ticket Holder for an unused Ticket or Cinepass.
7. PAYMENT FOR TICKETS AND CINEPASSES
7.1. A client can purchase and pay for the TICKET or CINEPASS directly at the Point of Sale/Registration of the Event at the time of the Event or through MyCinepass reservation system at the time when such option is available. In case of purchasing a CINEPASS at a Point of Sale/Registration of the Event, it is necessary for the client to have created an account in MyCinepass reservation system. Without an account created, the client will not be able to purchase a Cinepass.
7.2. The price of Cinepasses and Tickets can be paid in the following ways:
- 7.2.1. Through MyCinepass reservation system using the CardPay payment system (payment through the Global Payments virtual POS terminal). The following types of payment cards can be used: MasterCard, Maestro, VISA, VISAElectron, Diners/Discover, JCB, UnionPay, GooglePay and ApplePay.
- 7.2.2. At Points of Sale/Registration, the method of payment is determined by the Organiser. When purchasing a Cinepass with the possibility of collecting it, it is necessary to provide the Point of Sale/Registration staff with the required registration details on the basis of which the Cinepass will be issued. In the case of buying a Ticket at Points of Sale/Registration you do not need to specify any details. Payment can be made as follows:
- 7.2.2.1 in cash
- 7.2.2.2 POS payment terminal (VISA, VISAElectron, Mastercard, MasterCard, Electronic, Maestro).
8. DELIVERY TERMS AND CONDITIONS
8.1. Following a payment of the purchase price either online via MyCinepass reservation system or in person at a Point of Sale/Registration, the product will be immediately available to the client and he/she can use the services available for the relevant product at that time.
8.2. By purchasing a Cinepass through MyCinepass reservation system, if the client has not activated an older plastic Cinepass card from previous editions of the Event, he/she shall automatically receive a "Virtual Card" that temporarily replaces the Cinepass. A Virtual Card fully replaces a regular Cinepass in MyCinepass reservation system, but it cannot be used for entry to Events. When attending an Event for the first time, the Virtual Card Holder must locate the nearest Point of Sale/Registration of the Event and apply for a Cinepass with the Event trademarks. The issuance of Cinepass as a replacement for the Virtual Card is free of charge.
8.3 By purchasing a Ticket through MyCinepass reservation system, the client receives Tickets to selected screenings of the Event immediately after paying the purchase price in electronic form. Such a Ticket contains a unique digital code, which must be presented by the client before entering the event premises in electronic form (to be displayed on the screen of a mobile device) or in printed form. Such a code can only be used once and then becomes invalid.
8.4. Neither the Organizer nor the Operator shall be liable for:
- for not using the Ticket for an Event Performance;
- for not checking the Tickets upon collection at a Point of Sale/Registration by the Ticket Holder;
- for loss, theft, copying, damage to the Ticket or Cinepass.
9. LOSS, THEFT, COPYING, DAMAGE OF TICKET, CINEPASS
9.1. In case of loss or theft of a Cinepass, the Cinepass Holder is obliged to report this event to the Operator as soon as possible electronically to the address support@cinepass.sk or in person at a Point of Sale/Registration.
9.2. In case of loss or theft of a Ticket, neither the Organiser nor the Operator shall provide any compensation.
9.3. In the event that a Cinepass is lost or stolen and it is possible to confirm the owner of the given Cinepass, it is possible to block the original Cinepass and issue a replacement Cinepass for the handling fee specified in the Organiser's price list.
9.4. In case of mechanical damage to the Ticket which prevents identification of the Ticket by the electronic authentication device when entering the cinema hall, if it is not a manufacturing defect, the Organiser or the Operator shall not provide any compensation.
9.5. In the event of damage to the Cinepass that prevents its continued use and the Holder of the Cinepass can be confirmed, the original Cinepass can be blocked and a new replacement Cinepass issued for the handling fee specified in an individual price list.
9.6. In the event of unauthorised Ticket duplication, whereby multiple use of such Ticket is attempted, the Organiser reserves the right to accept only the first use of such Ticket and subsequently further attempts to use such duplicated Tickets will be rejected regardless of whether the Holder of the rejected Ticket is the rightful owner thereof, for the reasons set out in clauses 4.6, 4.7 and 4.8 of these General Terms and Conditions.
10. ENTITLEMENT TO A REFUND OF THE ENTRANCE FEE
10.1. In the event of cancellation of an Event Performance for reasons on the Organiser's side, the Ticket Holder is entitled to a refund of the ticket price if a substitute Event Performance does not take place, or if the date of the substitute Performance does not suit him/her. A Cinepass Holder is not entitled to a refund of the Cinepass price. A Ticket Holder is not entitled to reimbursement of other expenses (transport to the Event venue, accommodation, food, ticket delivery, etc.).
10.2. In case of cancellation of the entire Event, the Cinepass Holder and the Ticket Holder shall be entitled to a refund of the paid price. The Cinepass Holder and the Ticket Holder is not entitled to reimbursement of other expenses (transport to the Event venue, accommodation, food, ticket delivery, etc.).
10.3. Ways to refund the price of purchased Tickets and Cinepasses:
10.3.1 Purchased online through MyCinepass reservation system, the client applies a claim exclusively with the Operator of this reservation system. Application for refund - payment reservation system Link to the form has to be sent by e-mail to storno@cinepass.sk or services@cinepass.sk. This is subject to the application being sent from the same email address that was provided at the time of purchase and within 90 calendar days of the scheduled Event Performance or the scheduled date of the Event taking place. The application will be processed as soon as possible and at the latest within 30 days of its delivery. Funds will be sent to the card from which the payment was made.
10.3.2. Purchase at a Point of Sale/Registration, the Ticket Holder must physically have the Ticket of the cancelled Event and the Cinepass Holder must have a physical receipt of Cinepass purchase and at the same time it depends on the payment method when buying Ticket and Cinepass:
10.3.2.1. When paying in cash, the price of Ticket or Cinepass will be refunded in cash at a Point of Sale/Registration of the Event. In case the Event has already ended, the Ticket Holder or Cinepass Holder is obliged to apply for a refund of the entrance fee by sending a Refund Application - Cash Payment Link to the form. The application must be sent to the address of the Event Organiser, completely filled in, signed and it must include the original Ticket or a purchase receipt. The deadline for submitting an Application for Refund is within 90 calendar days of the scheduled Event Performance or the scheduled date of the Event taking place. The application will be processed as soon as possible and at the latest within 30 days of its delivery. The funds will be wired to the account number provided in the Application for Refund - payment in cash. In the event that the received Application for Refund - payment in cash - does not contain all the required and specified details, the Organiser is not obliged to comply with the Application and refund the entrance fee. The Organiser is obliged to send a statement on the processing of the application (positive or negative) to the e-mail address indicated in the application.
10.3.2.2. When paying through a payment POS Terminal (so-called card), the price of the Ticket or the Cinepass will be refunded under the following conditions:
- 10.3.2.2.1. At a Point of Sale/Registration of the Event. The condition for the refund of the entrance fee is the presentation of the Ticket or the receipt from the purchase of Cinepass and the receipt of payment from the POS Terminal. The entrance fee shall be refunded to the payment card account from which the payment was made, namely in case of presentation of the Receipt of payment from the POS Terminal. In case that a POS Terminal Receipt is not provided, the Ticket or Cinepass Holder is required to complete an Application for Refund - card payment form, which will be located at a Point of Sale/Registration of the Event Link to the form. The application must be completely filled out, signed by the Ticket or Cinepass Holder and must contain the original Ticket or Receipt of purchase (for Cinepass) and signed by the cashier at the Point of Sale/Registration of the Event. The cashier is entitled to verify the personal data provided in the application with the ID of the person who completed the application. The amount of the entrance fee shall be sent within 30 days at the latest by wire transfer to the account indicated in the Application for Refund - payment by card.
- 10.3.2.2.2. By card the Event has already ended, the Ticket Holder or Holder is obliged to apply for a refund of the entrance fee by sending a Refund Application - card payment Link to the form. The application must be sent to the Operator's address (ART FILM FEST s.r.o., STORNO ODDELENIE, Tomášikova 30C, 821 01 Bratislava), completely filled in, signed, it has to include the original Ticket or Receipt of Purchase (for Cinepass), as well as Receipt of Payment from a POS Terminal. The deadline for submitting an Application for Refund is within 90 calendar days of the scheduled Event Performance or the scheduled date of the Event taking place. The application will be processed as soon as possible and at the latest within 30 days of its delivery. The entrance fee will be wired to the payment card account from which the payment was made. In case that the received Application for Refund - card payment - does not contain all the details specified above, the Organiser is not obliged to comply with the Application and refund the entrance fee. The Organiser is obliged to send a statement on the processing of the application (positive or negative) to the e-mail address indicated in the application.
- 10.3.2.2.3. In case the Event has already ended, the Ticket or Cinepass Holder is obliged to apply for a refund of the entrance fee by sending an Application for Refund - card payment Link to the form. The application must be sent to the Operator's address (ART FILM FEST s.r.o., STORNO ODDELENIE, Tomášikova 30C, 821 01 Bratislava), it must be completely filled out, signed by the Ticket or Cinepass Holder, it must include the original Ticket or a Receipt of Purchase (in case of Cinepass). The deadline for submitting an Application for Refund is within 90 calendar days of the scheduled Event Performance or the scheduled date of the Event taking place. The application will be processed as soon as possible and at the latest within 30 days of its delivery. The amount of the entrance fee will be sent within 30 days at the latest by wire transfer to the account indicated in the Application for Refund - payment by card. In case that the received Application for Refund - card payment - does not contain all the details specified above, the Organiser is not obliged to comply with the Application and refund the entrance fee. The Organiser is obliged to send a statement on the processing of the application (positive or negative) to the e-mail address indicated in the application.
10.4. Purchased through other third-party vendor portals shall be governed by the General Terms and Conditions of that vendor portal.
11. CLAIMS PROCEDURE
11.1. Claim processing:
- 11.1.1. Claims involving Tickets and Cinepasses purchased online through MyCinepass reservation system can be submitted by the client exclusively to the Operator of this system as an entity authorised by the Organizer, via e-mail to storno@cinepass.sk or services@cinepass.sk. Claims related to Tickets and Cinepasses purchased online cannot be processed at Points of Sale/Registration.
- 11.1.2. Claims involving Tickets and Cinepasses purchased at a Point of Sale/Registration shall be made by the client at the place of purchase of the relevnat Cinepass or Ticket.
11.2. Claims involving Tickets and Cinepasses purchased in the MyCinepass system and at a Point of Sale/Registration of the Event in case that the purchased Ticket +contains defects (i.e. it does not contain the details specified according to item 2 of the General Terms and Conditions, or contains inaccurate data), the Ticket Holder is obliged to claim these defects without unreasonable delay after receiving the Ticket in accordance with Article 11, item 11.1.1. and 11.1.2..
11.3. Without the entitlement to claim a reimbursement of Tickets and Cinepasses purchased in the MyCinepass system and at a Point of Sale/Registration:
- Cinepass Holders are not entitled to any compensation in case of cancellation of an individual Performance within an Event, even if they had made a reservation for this Event Performance.
- The reimbursement of other expenses (transport to the Event venue, accommodation, food, ticket delivery, etc.) is not provided.
- In the event of loss or theft of a Ticket or Cinepass, the Ticket Holder is obliged to comply with item 9. General Business Terms and Conditions.
12. DATA AND PERSONAL DATA PROTECTION
12.1 By completing the registration form and submitting the online registration form on the MyCinepass reservation system website, an individual voluntarily agrees to the processing of his/her personal data in the information system of the Operator pursuant to Section 13(1)(a), (b) and (f) of Act No.18/2018 Coll. on the protection of personal data and on amending and supplementing certain acts (hereinafter referred to as the "Personal Data Protection Act").
12.2. The principle of personal data protection, the duties of the Data Controller and the rights of the Data Subject shall be governed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to only as the "GDPR") and provision of Section 34 of the Personal Data Protection Act.
12.3. The Organiser shall inform the registered person, as the Data Subject, in accordance with the principles of personal data protection, about the following facts:
a) the Operator is:
ART FILM FEST s.r.o.
registered office: Kukučínova 81/2 , 040 01 Košice – mestská časť Juh
registration: Companies Register of the City Court Košice, Section: Sro, file no.: 58934/V
Company reg. no: 48 284 254
contact details: 02/20855100, email: dpo@cinepass.sk
Person in charge: Peter Jurák
b) the purpose of processing: operation of the client's personal electronic account within the entire MyCinepass system, and management of the activities of a specific person/visitor within individual festivals/events available through MyCinepass reservation system.
c) the legal basis of processing: according to Art. 6(1)(a), b), f) of the GDPR and Section 13(1)(a), (b), (f) of the Personal Data Protection Act.
d) the scope of personal data processed: name, surname, title, gender/address, city, state, year of birth, e-mail contact, login, telephone number (provided voluntarily), information on whether the data subject is a student (for the purpose of claiming discounts), records of orders and purchases, records of reservations and entrances to premises and screenings, records of evaluations of the films attended, receipt of promotional or bonus items, creation of overall statistics of the event in question;
e) the period of personal data storage Both the Organizer and the Operator store the provided personal data for a period of 10 years.
f) the categories of personal data recipients: The Organiser/Operator provides personal data to the following intermediaries:
- technical support and product development;
- organisers of individual festivals (see Article 1 item 1.3. of the General Terms and Conditions);
- staff/external collaborators;
The reason for sharing is to cover the registration system from a technological point of view and the organizational preparation of the Event.
ART FILM FEST s.r.o., at the same time as an intermediary for the sale of Tickets and Cinepasses for the Organizers of individual events, processes the personal data of Data Subjects as well as the Ticket or Cinepass Holders in relation to a specific event through the MyCinepass system. All data is processed directly or through authorized persons. The name list of Organisers is provided in item 1.3 General Business Terms and Conditions. ART FILM FEST s.r.o. has concluded a Personal Data Protection Agreement with all Organisers, in which all GDPR regulations on the protection of personal data are preserved.
The Data Subject, Ticket or Cinepass Owner agrees to provide personal data to the organizer of a specific festival/event who uses the MyCinepass system on the basis of mutual agreements with the Operator and is entitled to use it only for the purposes related to the operation of the system and within the scope of its activities (assigned rights), and only if the Data Subject demonstrates its interest in the festival/event by his/her interaction (placing an order, purchasing a Ticket or Cinepass).
g) transfer to third countries: The Operator shall not provide personal data to third countries.
12.4. The data obtained are not subject to automated decision-making or profiling.
12.5. A Data Subject has the right to:
- withdraw consent at any time (In this case, the data subject will no longer be able to use his or her account in MyCinepass reservation system. However, each such request is subject to an individual assessment because the Data Controller has an obligation or legitimate interest to retain the personal data);
- access the provided personal data, which can be implemented through a written request to the e-mail address dpo@artfilmfest.sk;
- request correction of personal data;
- request restrictions on the processing of the personal data provided;
- request the deletion of his/her personal data from the information system of the Data Controller (In this case, the Data Subject will no longer be able to use his/her account in MyCinepass reservation. However, each such request is subject to an individual assessment because the Data Controller has an obligation or legitimate interest to retain the personal data);
- object to the processing of personal data;
- file a petition to initiate proceedings pursuant to Section 100 of Act No. 18/2018 Coll. on the Protection of Personal Data;
- implement the protection of their rights also through a complaint to the Office for Personal Data Protection of the Slovak Republic.
All information and statements concerning the rights to be exercised by the entitled party will be provided free of charge.
After how long can a Data Subject expect a response from the Data Controller?
The statements and any information on the measures taken shall be provided by the Operator as soon as possible, but at the latest within one month. If necessary and taking into account the complexity and the number of requests, the Operator may extend this period to two months. The extension, including the reasons for it, will be communicated to the Data Subject in a timely manner.
What should the withdrawal of consent contain?
- Who files the withdrawal. The person concerned shall indicate his or her name and surname, city and the year of birth so that the person can be identified.
- To whom the withdrawal is submitted.
- Information about the type of data that the Data Subject does not wish to have processed.
- Handwritten signature of the Data Subject.
How can a Data Subject send the withdrawal?
- Electronically to the e-mail address dpo@cinepass.sk (the request must be sent from an authorized e-mail address, i.e. from the e-mail address entered when registering for the system)
- By a written statement to the Address for correspondence: ART FILM FEST s.r.o., Tomášikova 30C, 821 01 Bratislava
The Data Controller, the Organiser and the intermediaries undertake that the personal data collected in accordance with Section 39 of Act No. 18/2018 Coll. on the Protection of Personal Data, they will protect them against accidental as well as unlawful damage and destruction, accidental loss, alteration, unauthorised access and disclosure, as well as against any other inadmissible forms of processing.
In order to ensure the protection of personal data, the Data Subject, as a registered user of the MyCinepass system, is obliged to properly log out after finishing work with MyCinepass reservation system. The Operator bears no responsibility for the consequences that the Data Subject may incur by not logging out of the system.
By using the MyCinepass reservation system, the Data Subject confirms the correctness of his/her registration data, which he/she provided at the time of registration and which is also provided in the Profile section when the Data Subject logs in to his/her account as a user.
In the event of a change, the Data Subject is obliged to report the change by e-mail from an authorized e-mail address to account@cinepass.sk, where the change will be implemented and confirmed in the shortest possible time.
13. REGISTRATION AND ACCOUNT IN THE RESERVATION SYSTEM
13.1. The user account is available immediately after its creation by online registration of the user or only after proper activation if the registration is made via the electronic quick registration form at a Point of Sale/Registration. An account activated in this way is set up for an indefinite period of time or if the Operator does not specify otherwise. The account allows users to use the services of all events that are connected to the system based on individual rules of a specific event.
13.2. Overall account functionality for individual Events may be directly tied to the ownership of a valid Cinepass for a particular Event. If a user does not have a valid Cinepass purchased for a specific event, his/her activity within a specific event in MyCinepass reservation system may be partially or fully restricted and subject to the purchase of a new Cinepass or the renewal of an older Cinepass.
14. OBLIGATIONS OF RESERVATION SYSTEM USER
14.1. The user agrees to use MyCinepass reservation system exclusively for his/her own needs.
14.2. The user undertakes to use MyCinepass reservation system in accordance with these General Terms and Conditions, the Operator's instructions, the security rules of the Internet, good manners and the rules of ethics of the Internet. The user undertakes not to disseminate information the dissemination of which is in violation of the aforementioned laws and rules.
14.3. The user is responsible for the content of their data within MyCinepass reservation system.
14.4. The user undertakes not to disclose his/her login details, his/her Cinepass number or any other Cinepass number to third parties. If the user communicates any of his or her information, or that of others, to third parties, and this action causes damage to the provider or other parties concerned, he/she shall bear full responsibility for this situation.
14.5. A Cinepass is non-transferable and tied to a specific user. A user is not allowed to lend their Cinepass to other persons, is obliged to protect his/her Cinepass number and are only obliged to show it to the Event staff. Cinepass may not be copied, shared in any way, or scanned into mobile apps.
14.6. The user undertakes not to interfere with the operation and functionality of MyCinepass reservation system or attempt to gain unauthorised access to it.
14.7. The user is obliged to properly log out of the web reservation system after finishing the work with the web reservation system. The Operator is not liable for the consequences that may be caused to the user by the failure to log out and therefore by the possible malicious behaviour of third parties.
14.8. By using this reservation system, the user confirms the accuracy of his/her registration data provided in the Profile section and in case of a change, he/she is obliged to report this change by e-mail to account@cinepass.sk from an authorised e-mail address.
15. OPERATOR'S RIGHTS
15.1. The Operator reserves the right to unilaterally change the General Terms and Conditions at any time and reserves the right to change or suspend MyCinepass reservation system at any time, even without prior notice to the user.
15.2. The Operator reserves the right to revoke the user's access to MyCinepass reservation system at any time if abuse of the system is detected.
15.3. All copyrights and other rights related to the functionality, visual design and information content of MyCinepass reservation system belong to the Operator or to third parties with whom the Operator has concluded relevant agreements for this purpose.
16. ALTERNATIVE DISPUTE RESOLUTION
16.1. In the event that the User is not satisfied with the handling of his/her complaint, he/she has the option of turning to a general court or the Slovak Trade Inspection with its registered office: Ústredný inšpektorát Slovenskej obchodnej inšpekcie P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava.
16.2. Consumer legislation tries to prevent the emergence of lawsuits. Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on amending and supplementing certain regulations brought new opportunities for consumers to resolve their dispute with the Operator quickly, efficiently, less formally and, above all, free of charge, or only with minimal costs.
16.3. The body for alternative dispute resolution is also the Slovak Trade Inspection with its registered office at Ústredný inšpektorát Slovenskej obchodnej inšpekcie P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava.
16.4. Within the framework of the said institute of alternative resolution of consumer disputes, the User has the right to turn to the Operator with a request for rectification in case he/she is not satisfied with the handling of his/her complaint or believes that the Operator has violated his/her rights. If the Operator does not respond to this request within 30 days from the date of dispatch or responds to it in the negative, the User may apply for alternative dispute resolution (hereinafter referred to as the "application") to the competent alternative dispute resolution body (hereinafter referred to as the "body"); the possibility of applying to a court shall not be affected by this. Therefore, before the alternative resolution of the dispute itself, the User's effort to resolve his/her dispute with the Operator should be preceded by direct communication, only then will it be possible to proceed to the alternative solution.
16.5. The list of bodies that are entitled to resolve the dispute alternatively is available on the website of the Ministry of Economy of the Slovak Republic. If several alternative dispute resolution bodies are competent for alternative dispute resolution, the User has the right to choose to which of them to submit the proposal.
16.6. After reviewing the proposal, the body shall determine whether it may initiate alternative procedure or reject the proposal. The body will reject if:
- the user submits an incomplete application;
- the body for alternative resolution of consumer disputes is not competent to resolve the dispute or it is a type of dispute that an authorised legal entity does not have specified on the list;
- in the matter to which the proposal is related, the alternative resolution of consumer disputes was previously initiated before another body for alternative resolution of consumer disputes;
- the matter has already been decided by a court or arbitration court;
- a mediation agreement has not been concluded in the matter;
- it is an unsubstantiated or anonymous proposal.
16.7. In addition, the entity may reject the proposal if it concerns a dispute with a value of less than EUR 20 and a separate reason for rejection may be the impossibility of resolving the dispute due to the fact that the body for alternative resolution of consumer disputes would have to make disproportionate efforts, for example, legally challenging cases that require demanding evidence, which by their nature fall within the jurisdiction of the courts. The body shall inform the User about the rejection of the proposal.
16.8. As a result, the main objective of the alternative procedure is to find a compromise solution for the parties involved and to help them reach a private lawful agreement, thus avoiding potential litigation and increasing costs. The agreement resulting from these proceedings shall be binding on the parties to the dispute, without prejudice to their ability to bring the same matter before the courts.
16.9. In the event that it is not possible to achieve the result of the alternative procedure in the form of an agreement and the body acquires a reasonable suspicion that the rights of the User have been infringed by an act or omission by the Operator, it shall terminate the procedure by issuing a reasoned opinion, against which no appeal may be lodged.
16.10. During the alternative procedure, a proposal may be postponed if:
- another body began to act on the matter earlier;
- the matter has already been legally decided before a general or arbitration court;
- the parties to the dispute do not provide the necessary cooperation;
- the User has decided to end his/her participation in the procedure;
- the matter cannot be assigned to another subject due to a breach of the principle of impartiality of all persons entrusted with the management of the subject within the Data Subject, and the parties to the dispute have not at the same time consented in writing to the continuation of the subject by those persons.
16.11. The provisions of this article of the General Terms and Conditions apply only to the Client who is considered a consumer according to specific legal regulations.
17. OUT-OF-COURT DISPUTE SETTLEMENT
17.1. All provisions of these GTC are governed by the legal order of the Slovak Republic.
17.2. Legal relations not expressly governed by these GTC shall be governed by the provisions of the Civil Code and other applicable laws of the Slovak Republic. The law of the Slovak Republic applies to legal relations arising from these GTC even if the User is a foreigner, a foreign person or a person without a citizenship.
17.3. The User and the Operator will try to resolve all disputes arising from the legal relationship based on these GTC preferentially through an agreement. If no agreement is reached, the dispute shall be finally decided by a court having jurisdiction under the Code of Civil Procedure.
18. FINAL PROVISIONS
18.1. The relevant provisions of Act No. 40/1964 Coll. of the Civil Code as amended, Act No. 102/2014 Coll. on Consumer Protection in Contracts Concluded Remotely or Contracts Concluded Outside the Seller's Premises and on amending and supplementing certain acts and Act No. 250/2007 Coll. on Consumer Protection and on amending Act of the Slovak National Council No. 372/1990 Coll. on Offences as amended, shall apply to the relations not regulated by these GTC in the event that the User is a consumer.
18.2. If the User is an entrepreneur, the provisions of Act No. 40/1964 Coll. of the Civil Code, as amended, and Act No. 513/1991 Coll. of the Commercial Code, as amended, shall apply to the legal relations between the User, who is an entrepreneur, and the Operator.
18.3. The supervisory authority in the case of legal relations with the User who is a consumer are the competent authorities of the Slovak Trade Inspection, namely Ústredný inšpektorát Slovenskej obchodnej inšpekcie (Central Inspectorate of the Slovak Trade Inspection), P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, as well as the relevant Inspectorates of the Slovak Trade Inspection.
18.4. The Operator reserves the right to amend these GTC without prior notice to the User, but with legal effect only for the future (hereinafter referred to as "GTC Amendment"). In the event of a GTC Amendment, the legal relations between the Operator and the User shall be governed by the temporal version (wording) of the GTC that was valid and effective at the moment of ordering the service by the User, and this temporal version (wording) of the GTC shall continue to be accessible on the Operator's website.
18.5. These GTC are published on the Operator's website: https://www.cinepass.sk/.
18.6. In the event that any provision of these GTC was or becomes invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability shall not affect the remaining provisions of these GTC.
These General Terms and Conditions come into force and effect as of 23 January 2024. With the effectiveness of the new version of the Terms and Conditions, the previous version of 23 April 2024 is no longer valid and effective.