ODEON PREMIÈRE CLUB CARD TERMS AND CONDITIONS
- Odeon Cinemas Limited ("ODEON") is a provider of entertainment and financial services in the UK. ODEON is a company registered in England at Companies House under company number 1854132. Our registered office is at 54 Whitcomb Street, London, WC2H 7DN. Our VAT number is 241717672. ODEON is certified as a Small E-money Issuer by the UK Financial Services Authority, and is registered with the UK HM Revenue & Customs under the Money Laundering Regulations 2007 (No 1251 8227). See the FSA's website at www.fsa.gov.uk and the HMRC's website at www.hmrc.co.uk for more information about e-money and the Money Laundering Regulations.
- "Bookit" means Bookit Limited (registered in England under company number 464880 whose registered office is at Odeon Stoke Cinema, Marina Way, Festival Park, Stoke on Trent, ST1 5SN) which is a sister company of ODEON. "Call Centre" means our telephone sales and enquiries call centre operated by Bookit (call charges will apply, and rates will vary according to which number you use: visit the Website "Contact Us" page or ask in Cinema for up to date details of telephone numbers and call charges). "Card" means a card issued by ODEON which can be used to join the Club and/or load and spend Stored Value. "Cinema" has the meaning set out in paragraph 7 below. "Club" means the ODEON Première Club, a loyalty scheme promoted by ODEON. "Points" means loyalty points issued by ODEON. "Introductory Points" means Points credited to your Card at the time of joining the Club. "Earned Points" means Points earned by you by use of your Card (ie excludes Introductory Points). "Points Price" means the number of Points you will need to redeem to purchase a particular item. "Stored Value" means electronic money loaded onto a Card by ODEON. "Terms" means these Terms and Conditions. "We / us / our" means ODEON. "Website" means our website at www.odeon.co.uk. "You / your" means any person who joins the Club, loads Stored Value on a Card and/or uses a Card.
- Please read these Terms carefully. By joining the Club, loading Stored Value on a Card and/or using a Card you accept these Terms. If you are reading an electronic copy of these Terms, please print or save a copy for your records. To obtain more information about these Terms and/or your Card, visit the Website; email us at odeonpremiereclub@odeonuk.com; ring the Call Centre; or write to FREEPOST ODEON PREMIERE CLUB.
- ODEON reserves the right to amend these Terms from time to time on notice to you when we consider it necessary for (a) commercial or (b) security, regulatory or other legal reasons. Such notice may be given by email to the current address registered with us (if you have a current valid registration) or by posting the amended Terms on the Website. The effective date of the amendment will be as stated in the notice (if stated), or otherwise at the moment of posting the notice on the Website or emailing it to you. Following a period of 30 days after the effective date of the amendment, any use by you of your Card will be deemed to be acceptance by you of the relevant amendment.
- To join the Club, load Stored Value on a Card and/or use a Card you must be an individual aged 16 or over, and resident in the UK. The Card is for your own personal use only. The Card cannot be used for any commercial purpose and cannot be resold. ODEON reserves the right to request proof of your age, identity and/or residence where reasonably necessary to check compliance with these Terms or where required by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority.
- The Card is an electronic money product issued and promoted by ODEON. The Card can have more than one function: it can be used to join the Club, or as a Stored Value card, or both. The Card is not a credit card, debit card, charge card, or cheque guarantee card, and remains the property of ODEON at all times. You cannot accrue any interest on the Card. All copyright, trade marks and all other intellectual property rights in and in relation to the Card shall at all times remain the property of ODEON or its licensors.
- Please note: Cards can only be used in participating "ODEON" or "ABC" branded cinemas in the United Kingdom (referred to as "Cinemas", individually a "Cinema"), as published on the Website. We reserve the right to change the list of Cinemas from time to time: visit the Website or ask in Cinema for up to date details.
- All purchases of goods and/or services using a Card are subject to availability, normal age restrictions, and any other relevant standard terms and conditions. The Card does not give preferential rights of access for any film or presentation; nor does it give access to films or presentations which are not open to the general public.
- Bookit acts as ODEON's agent to provide call centre and website support in relation to the Card.
- To join the Club you will need to pay a joining fee. The joining fee will be as notified to you at the time of joining, except in cases of obvious error. Payment of the joining fee may be made by cash (in Cinema) or by debit / credit card (in Cinema or via the Website). The published joining fee will be inclusive of any applicable taxes and Card delivery costs. You may only join the Club once and the same email address cannot be used to register more than one Card. Joining the Club is subject to availability. Your application to join the Club is an offer to join and ODEON retains the discretion not to accept your offer. If ODEON accepts your offer it will take payment from you and notify you that the transaction is complete, and at this point there will be a contract between you and ODEON.
- Upon joining the Club, your Card may be credited with Introductory Points and/or a multiple or bonus Points or other offer, as notified to you at the time of joining. Introductory Points cannot be spent during the 3 days after the day you joined the Club.
- Before you can redeem any Points on your Card, you must register it. Until you register your Card, you will not be able to redeem your Points, you will not be eligible for certain offers and promotions, and Earned Points will expire 28 days after they were earned.
- If you join the Club in Cinema, you will receive your Card at the time of joining, and you can register your Card by completing the paper form supplied with the Card (which may take up to 14 days for us to process) or straightaway via the Website. If you join the Club via the Website, your Card will be registered during the joining process, and your Card will be delivered to you within 14 days of joining by post to the address given during the joining process.
- If you already have a Card used only for loading and spending Stored Value (as detailed in Part C, below), you can use the same Card to join the Club (in which case you will not receive a new Card) but you will need to pay the Club joining fee.
- You can earn Points on: (a) purchases of cinema tickets, food and drink in Cinema (including at automatic ticket machines), (b) purchases of cinema tickets via the Website, and (c) any applicable Card Handling Fees (fees for processing a financial transaction) levied by Bookit in connection with the purchase of cinema tickets via the Website, subject in each case to the following. Unless otherwise stated on the Website or at the point of purchase, you cannot earn Points on: purchases via the Call Centre; purchases via websites other than the Website; purchases of alcoholic drinks; purchases from any separate franchised areas within the Cinema; purchases of goods and services sold on behalf of a third party (e.g. tickets for an event run by a third party, coin-operated amusement / gaming / vending machines); purchases of loyalty cards, cinema vouchers, paper gift vouchers, and Stored Value cards; and purchases of products or services which you pay for with Points or vouchers. Points are earned at the rate of 10 Points for every complete £1 spent in any one transaction (e.g. spending £3.99 will earn you 30 Points). We reserve the right to change the rate at which you earn Points and/or the list of transactions upon which you can earn Points from time to time: visit the Website or ask in Cinema for up to date details.
- ODEON may offer multiple or bonus Points on certain products as selected by ODEON from time to time in its sole discretion. During multiple or bonus Points events, items which are already included in multiple or bonus Points promotions are excluded unless otherwise stated at the point of purchase.
- To earn Points for a transaction at Cinema, you must present your Card at the till before making your purchase. To earn Points for a transaction via the Website, you must log in when prompted at the time of purchase. If you redeem Points as part of a transaction, you will only earn Points on the part of transaction paid for with cash or credit / debit card. You cannot earn Points on purchases made before you joined the Club. Until you register your Card, Earned Points will expire 28 days after they were earned.
- Once you have registered your Card, you can check the balance of Points and other incentives on your Card at any time online on the Website, in Cinema or by ringing the Call Centre. ODEON will keep a record of transactions made using the Card to ensure that your ODEON Points balance is correct.
- Introductory Points will be credited to your account within 24 hours of joining, but cannot be redeemed during the 3 days after the day you joined the Club. Points earned from the purchase of a ticket will be credited to your account within 24 hours of the performance. Points earned from other transactions will be credited to your account within 24 hours of the transaction. In circumstances of system failure, we may be temporarily unable to award Points and your account balance may be incorrect or out of date.
- You can redeem your Points against (a) purchases of cinema tickets at Cinemas (including automatic ticket machines) or via the Website, and (b) purchases at Cinemas of selected food and drink items as published on the Website from time to time, in each case subject always to paragraph 8 (above) and subject also to the following. Unless otherwise stated on the Website or at the point of purchase, you cannot redeem Points against: purchases via Call Centre; purchases via websites other than the Website; purchases of alcohol; purchases from any separate franchised areas within the Cinema; purchases of goods and services sold on behalf of a third party (e.g. tickets for an event run by a third party, coin-operated amusement / gaming / vending machines); and purchases of tickets to private showings. The number of Points you will need to redeem to purchase a particular item (the Points Price) will be as published on the Website from time to time. Price Published information regarding the transactions against which you can redeem Points and the applicable Points Prices from time to time will be correct at the time of publication but is subject to alteration. The Points Price may be influenced by factors such as: level of demand; cost of supply; time, date, day; location of cinema; and/or type of showing. We reserve the right to change the transactions against which you can redeem Points and/or the applicable Points Prices from time to time: visit the Website or ask in Cinema for up to date details.
- Points cannot be redeemed until your Card is registered and the Points credited to your account, and Introductory Points cannot be redeemed during the 3 days after the day you joined the Club. You must have the full number of Points needed for any one item you wish to purchase. To redeem your Points in Cinema you must present your Card at the till before making your purchase. To redeem your points on the Website, log in where prompted and follow on screen instructions. To redeem your Points at an automatic ticket machine, insert your Card and follow on screen instructions. The Points redeemed will be then deducted from the total on your Card. Introductory Points will be deducted prior to any Earned Points.
- Unless otherwise notified at the time of purchase, Points cannot be earned or redeemed in conjunction with any other discount, offer or promotion. Points cannot be exchanged, sold or transferred. Earned Points have no cash redemption value. ODEON will reverse the associated Points earned or redeemed if a transaction on which Points are earned or redeemed is cancelled or reversed or when an item is returned.
- We intend to introduce the ability to load and spend Stored Value on Cards: visit the Website or ask in Cinema for up to date details. If and when we do so, the relevant parts of these Terms (including this Part C) will apply.
- If you load Stored Value onto a Card you will be purchasing electronic money issued by ODEON. You can load Stored Value onto a Card in cash (in Cinema) or by credit / debit card (in Cinema or via the Website). You cannot load Stored Value onto a Card at automatic ticket machines. Loading Stored Value subject to availability. A request to load Stored Value is an offer to ODEON, and ODEON retains the discretion not to accept your offer. If ODEON accepts your offer it will take payment from you and notify you that the transaction is complete, and at this point there will be a contract between you and ODEON.
- If you load a Card with Stored Value at Cinema, the Card will be issued to you free of charge. If you load a Card with Stored Value via the Website, you will have to pay a delivery charge as notified to you in the Website process, the new Card will be delivered to the address you have specified in the Website process and delivery timing will depend on the mode of delivery as notified to you in the Website process. If you have previously joined the Club, you can chose to load Stored Value onto your existing Club Card. You can only register a Card if a Club joining fee has been paid for that Card (you cannot register a Card used only to load and spend Stored Value).
- The minimum amount of Stored Value which can be loaded when a Card is first used as a Stored Value card is £5. You can add further amounts of Stored Value at Cinema (but not at automatic ticket machines) in an amount specified by you (this may be subject to a minimum amount notified to you at the time of loading), or via the Website (where you must choose from one of the specified amounts), in each case subject to the following limits. The maximum amount of Stored Value which can be stored on your Card at any one time (i.e. the balance) is £50. The maximum aggregate amount of Stored Value (i.e. the initial amount plus any additional amounts) which can be loaded on your Card is £500. We reserve the right to change the amounts stated in this paragraph from time to time: visit the Website or ask in Cinema for up to date details.
- You can check the balance of Stored Value on your Card at any time in Cinema. If you have joined the Club and registered your Card, you can also check any balance of Stored Value on that Card via the Website or Call Centre. You cannot register your Card if you are only using it as a Stored Value card. ODEON will keep a record of transactions made using the Card to ensure that your Stored Value balance is correct.
- Stored Value will be credited to your account straightaway. In circumstances of system failure, we may be temporarily unable to credit Stored Value and your account balance may be incorrect or out of date.
- Stored Value on your Card can be spent on (a) purchases at Cinemas (including at automatic ticket machines) (b) purchases of cinema tickets via the Website, and (c) any applicable Card Handling Fees (fees for processing a financial transaction) levied by Bookit in connection with the purchase of cinema tickets via the Website, in each case subject always to paragraph 8 (above) and subject also to the following. Unless otherwise stated on the Website or at the point of purchase, you cannot spend the Stored Value on your Card on: purchases via the Call Centre; purchases via websites other than the Website; purchases from any separate franchised areas within the Cinema, purchases of goods and services sold on behalf of a third party (e.g. tickets for an event run by a third party, coin-operated amusement / gaming / vending machines); and purchases of cinema vouchers, paper gift vouchers and Stored Value cards. We reserve the right to change the list of items upon which you can spend Stored Value from time to time: visit the Website or ask in Cinema for up to date details.
- To spend Stored Value in Cinema, you must present your Card at the till before making your purchase. To spend Stored Value on the Website follow on screen instructions (if you are using a Card for which a Club joining fee has been paid you will need to log in; otherwise you will need to provide the verification number from the back of the Card). The Stored Value spent will be then deducted from the balance on your Card.
- If you do not use your Card to earn/redeem Points and/or load/spend Stored Value, for a period of 2 years, any remaining balance of Introductory Points and Stored Value will expire. Checking the balance on your account does not constitute use of your Card for these purposes.
- Earned Points will expire 2 years after they were earned.
- Points and/or Stored Value which have expired cannot be transferred to a new Card or redeemed.
- Introductory Points and Stored Value cannot be refunded to you if they have expired or have been redeemed or spent. However, you can ask us to refund to you any unexpired and unused Introductory Points and Stored Value on your Card at any time, if the following conditions are satisfied: the amount to be refunded is at least £5.00 (note that we reserve the right to change this amount); we have no reason to suspect that your request is part of a fraudulent or criminal activity; and we are not prohibited from carrying out your request by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority. You must make your refund request by ringing the Call Centre. ODEON will charge an administration fee of £5.00 to process your request (and we reserve the right to change this fee). You will be given details of the applicable fee at the time you make your request, and you can decide then whether to proceed. Fees incurred will never result in your getting into debt on your Card account. Introductory Points will be refunded at cash value as applicable at point of joining (pro-rated if already partly redeemed). Refunds will be paid back to the credit/debit card used for the relevant transaction (for cash transactions refund will be by cheque sent to the registered address or the address of the payer, as applicable). To comply with our legal obligations, we may need to verify your identity before processing your request. We can refuse to process your request if you do not co-operate with our verification process. We will not apply the redemption fee and minimum amount stated above if you have joined the Club and/or loaded the Stored Value via the Website, and then ask us to cancel your Card within the period of 14 days beginning on the day after you joined the Club and/or loaded the Stored Value(to avoid any doubt, if you cancel after this period you will be liable to pay a redemption fee and the minimum amount stated above will apply).
- You must keep your Card secure and in your possession at all times, as if it were cash. If your Card is lost or stolen, you should immediately report this to us by ringing the Call Centre. ODEON will then cancel the lost or stolen card. If you subsequently find or retrieve a Card which you have reported lost or stolen, you must destroy it immediately.
- Introductory Points and Stored Value on your Card are not covered by the Financial Services Compensation Scheme, nor by any other compensation scheme. This means that if ODEON becomes insolvent, the balance on a Card may become valueless and unusable.
- Subject to paragraph 39, if your Card is not registered (this may be because you are using it only as a Stored Value Card, or because you haven't yet registered it) and it is lost or stolen, the Points and/or Stored Value on it will be lost.
- If you report a registered Card lost or stolen, we will issue a new Card credited with any Points and/or Stored Value remaining on your old Card account, subject to the following:
- Save as set out in paragraph 39, we cannot reimburse any Points and/or value used between the loss / theft and the time when the loss / theft is registered on our systems;
- We reserve the right not to issue a replacement Card where we reasonably believe: that the notified loss or theft has been caused by your breach of these Terms; you are or have been engaged in fraudulent or other unlawful conduct; and/or you have been banned on reasonable grounds from entering any Cinema.
- If you believe that your Card has been used fraudulently and without your authority to make a payment on the Website, please contact the Call Centre with full details. We will then review the circumstances and inform you whether we have a statutory duty to re-credit any amounts debited from your Card account.
- You must treat your Card with care, and not damage it, tamper with it or otherwise misuse it. If your Card is damaged or defective, please contact the Call Centre to request a replacement card. We reserve the right not to provide a replacement Card where we reasonably believe that the damage or defect has been willfully caused by you, in which event we may cancel your Card and arrange for a refund of any outstanding Introductory Points and/or Stored Value on your Card.
- Replacement cards will be posted to the registered address (or the address of the payer if applicable). Please allow up to 14 days for delivery. We reserve the right to charge a reasonable replacement card fee to cover our costs, in accordance with our standard fee rate (no fee will apply to replacement of a defective Card where we are responsible for the defect).
- ODEON will be the data controller in respect of any personal data given to us in connection with your Card. ODEON will process your personal data in order to open, administer and run your account and to deal with any enquiries you may have about it. The ODEON Privacy Policy, which forms part of these Terms and Conditions, sets out additional ways in which we use personal information collected from you. Please read our Privacy Policy (available at Website "Privacy and Legal" section or in Cinema).
- If you choose or are provided with, a user name, user identification code, password, security question & answer, verification number or any other piece of security information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. If you become aware of any unauthorised use of your security information you must inform us immediately. We have the right to disable any account and/or registration with us at any time, if in our opinion you have failed to comply with your obligation to keep your security information secure.
- Your Card does not have an expiry date. You may cancel your Card at any time by contacting us as set out in paragraph 51 with your cancellation request, and you must return the Card to us. As part of this request you can ask us to refund to you any unexpired and unused Introductory Points and Stored Value on your Card, subject to the requirements of paragraph 34 above.
- We may cancel your Card if it has no remaining balance of unexpired Points or Stored Value. We may also cancel your Card if we reasonably believe that: (a) you have seriously breached these Terms; (b) you are or have been using your Card in an abusive, fraudulent or unlawful manner; and/or (c) you have been banned on reasonable grounds from entering any Cinema. In this event, we reserve the right to not refund any unexpired and unused Introductory Points and Stored Value on your Card. You will not be able to use your Card after it has been cancelled.
- We reserve the right to stop issuing Cards at any time. We may also on not less than 30 days' prior notice terminate or suspend the Club and/or our Stored Value scheme. Such notice may be given by email to the current address registered with us (if you have a current valid registration) or by posting the amended Terms on the Website. We may terminate or suspend any aspect of the Club and/or our Stored Value scheme without notice if so required by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority. In the event of such a termination you can request a refund in accordance with paragraph 34 and we will not apply the minimum amount and administration fee provisions.
- Nothing in these Terms shall operate to exclude or limit ODEON's liability for death or personal injury caused by ODEON's negligence, for fraud or fraudulent misrepresentation committed by ODEON or its agents, or for any other liability which may not be excluded or limited by law. Subject to this,
- Nothing in these Terms shall constitute a warranty or representation regarding any aspect of any products and/or services purchased using a Card;
- ODEON shall not be liable to you for any special, indirect or consequential losses incurred by you in any way. Any liability ODEON does have is restricted to foreseeable losses;
- ODEON is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that are caused by events outside ODEON's reasonable control;
- Where a Card is defective, ODEON's liability is limited to the replacement of the defective Card;
- Where erroneous pricing information has been given to you, and the error is obvious and could reasonably have been recognized by you as erroneous, we will not be obliged to supply goods and services at the erroneous price;
- ODEON's total liability for all claims shall not exceed a sum equal to the refund of any unexpired and unused Stored Value and/or Introductory Points on your Card.
- You may not transfer or assign any or all of your rights or obligations under these Terms, save as follows. If you load a Card with Stored Value only, as a gift, you may transfer it to another person on condition that the recipient accepts and complies with these Terms. We may only assign these Terms to another company in the same group of companies as ODEON or to any business which purchases or is integrated with ODEON. If we assign these Terms in this way, your rights will not be affected.
- These Terms and any document expressly referred to in them represent the entire agreement between ODEON and you in relation to their subject matter. To the extent permitted by law, all conditions and warranties implied by law, statute or otherwise are expressly excluded. The purchase of any products or services using a Card shall be subject to a separate contractual relationship between you and the seller of such products or services and is not governed by these Terms.
- English law shall apply to the establishment of the relationship between ODEON and you prior to your joining the Club and/or loading Stored Value onto a Card. These Terms, and any contract between you and ODEON in relation to a Card, are governed by English law. Any dispute between ODEON and you regarding these Terms and/or your Card will only be dealt with by the English courts, PROVIDED THAT, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. All information relating to the Card, including these Terms, shall be supplied to you in English only, and we shall only communicate with you during any contract between us in relation to a Card using the English language. There is no public filing requirement for any such contract.
- If you have any complaint or concern regarding these Terms and/or your Card, please email us at odeonpremiereclub@odeonuk.com; ring the Call Centre; or write to FREEPOST ODEON PREMIERE CLUB.
© Odeon Cinemas Limited 2009. All rights reserved. Version 1.0 dated May 2009
