Odeon Premiere Club Card Terms and Conditions
PART A - INTRODUCTION
About ODEON / Definitions
1. 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 registered with the UK HM Revenue & Customs under the Money Laundering Regulations 2007 (No 1251 8227). See the HMRC's website at www.hmrc.co.uk for more information about the Money Laundering Regulations.
2. "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. "Cinema" has the meaning set out in paragraph 7 below. "Club" means the ODEON Première Club, a loyalty scheme promoted by ODEON. "Mobile Apps" means our mobile website at http://mobi.odeon.co.uk/, the Odeon Iphone app and any other similar applications developed for different operating systems. "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. "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 and/or uses a Card.
Your consent to these Terms
3. Please read these Terms carefully. By joining the Club 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 email@example.com; ring the Call Centre; or write to FREEPOST ODEON PREMIÈRE CLUB.
Amendments to these Terms
4. ODEON reserves the right to amend these Terms as follows. All amendments will be notified by posting the amended Terms online at www.odeon.co.uk. Where the changes are to ensure compliance with law or regulation, or for security reasons, or are non-material, the amended Terms will take effect when posted. Where the changes are material, the amended Terms will take effect on the date specified in the notice, which will be at least 30 days after posting. If you are not happy with a material change notified in this way, you can terminate your agreement with us under these Terms by cancelling your Card (see paragraph 34 below).
About you and your Card
5. To join the Club 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.
6. The Card is issued and promoted by ODEON. 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.
7. 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.
9. Bookit acts as ODEON's agent to provide call centre and website support in relation to the Card.
PART B - THE ODEON PREMIÈRE CLUB
Joining the Club / Activating your Card
10. 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 or (if applicable) Mobile App). 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 activate 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.
11. 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.
12. Before you can redeem any Points on your Card, you must activate it. Until you activate your Card, you will not be able to redeem your Points, and you will not be eligible for certain offers and promotions, and Earned Points will expire 28 days after they were earned.
13. If you join the Club in Cinema, you will receive your Card at the time of joining, and you can activate 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 or (if applicable) Mobile App. If you join the Club via the Website or (if applicable) Mobile App, your Card will be activated 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.
Earning ODEON Points
14. You can earn Points on: (a) purchases in Cinema (including at automatic ticket machines) of tickets for standard film and ODEON Plus screenings, food and drink, (b) purchases via the Website and Mobile Apps of tickets for standard film and ODEON Plus screenings, (c) any applicable Remote Booking Fees (fees for booking a ticket remotely) in connection with the purchase of cinema tickets via the Website or Mobile Apps (excluding any Remote Booking Fee paid for in Points), and (d) 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 or Mobile Apps, in each case subject always to paragraph 7 (above) and subject also to the following. Unless otherwise stated on the Website or at the point of purchase, you cannot earn Points on: purchases of tickets for charity and special screenings; 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 electronic gift 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. To the extent that such a change constitutes a change to these Terms, the provisions of Paragraph 4 will apply.
15. 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 or a Mobile App, 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 activate your Card, Earned Points will expire 28 days after they were earned.
Checking and understanding the balance of ODEON Points and other incentives on your Card
17. Once you have activated 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.
18. Introductory Points will be credited to your account 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.
Redeeming ODEON Points
19. You can redeem your Points against: (a) purchases of tickets for standard film screenings and all non-live ODEON Plus screenings, excluding recorded events with a Live element eg: Q+A/gig. at Cinemas (including automatic ticket machines) or via the Website or Mobile Apps, (b) any applicable Remote Booking Fees (fees for booking a ticket remotely) payable in Points in connection with the purchase of a ticket via the Website or Mobile Apps, and (c) 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 7 (above) and subject also to the following. Unless otherwise stated on the Website or at the point of purchase, you cannot redeem points against: live ODEON Plus events, purchases of tickets for charity and special screenings; 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). 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. 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 screening. 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.
20. Points cannot be redeemed until your Card is activated 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 or Mobile App, 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.
Other information about ODEON Points
21. 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.
PART C - EXPIRY AND REFUNDS OF POINTS
Expiry of ODEON Points
22. If you do not use your Card to earn/redeem Points for a period of 2 years, any remaining balance of Introductory Points will expire. (Checking the balance on your account does not constitute use of your Card for these purposes).
23. Earned Points will expire 2 years after they were earned.
24. Points which have expired cannot be transferred to a new Card or redeemed.
Refund of Introductory Points
25. Introductory Points cannot be refunded to you if they have expired or have been redeemed or spent, or if they were issued to you for free. However, you can ask us at any time to refund to you any unexpired or unused Introductory Points on your card which you have paid for, 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 via the Website or (if applicable) a Mobile App, and then ask us to cancel your Card within the period of 14 days beginning on the day after you joined the Club (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). We will not apply the redemption fee and minimum amount stated above if you ask us to cancel your Card because you are not happy with a material change we have made to these Terms pursuant to Paragraph 4 and you make your cancellation request no later than 90 days after the material change takes effect.
PART D - LOSS & THEFT OF CARDS / DAMAGED & DEFFECTIVE CARDS
26. 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.
27. Introductory Points 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.
28. If your Card is not activated and it is lost or stolen, the Points on it will be lost.
29. If you report an activated Card lost or stolen, we will issue a new Card credited with any Points remaining on your old Card account, subject to the following:
a) We cannot reimburse any Points used between the loss / theft and the time when the loss / theft is registered on our systems;
b) 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.
30. 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 wilfully caused by you, in which event we may cancel your Card and arrange for a refund of any outstanding Introductory Points on your Card.
31. Replacement cards will be posted to the registered address. 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).
PART E - DATA PROTECTION AND SECURITY
33. 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.
PART G - CANCELLATION / TERMINATION
34. Your Card does not have an expiry date. You may cancel your Card at any time by contacting us as set out in paragraph 41 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 you have paid for, subject to the requirements of paragraph 25 above.
35. We may cancel your Card if it has no remaining balance of unexpired Points. 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 on your Card. You will not be able to use your Card after it has been cancelled.
36. 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. 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 notice on the Website. We may terminate or suspend any aspect of the Club 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 25 and we will not apply the minimum amount and administration fee provisions.
PART H - GENERAL
37. 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,
a) Nothing in these Terms shall constitute a warranty or representation regarding any aspect of any products and/or services purchased using a Card;
b) 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;
c) 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;
d) Where a Card is defective, ODEON's liability is limited to the replacement of the defective Card;
e) Where erroneous pricing information has been given to you, and the error is obvious and could reasonably have been recognised by you as erroneous, we will not be obliged to supply goods and services at the erroneous price;
f) ODEON's total liability for all claims shall not exceed a sum equal to the refund of any unexpired and unused Introductory Points on your Card.
38. You may not transfer or assign any or all of your rights or obligations under 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.
Scope / Governing law / Complaints
39. 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.
40. English law shall apply to the establishment of the relationship between ODEON and you prior to your joining the Club. 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.
41. If you have any complaint or concern regarding these Terms and/or your Card, please email us at firstname.lastname@example.org; ring the Call Centre; or write to FREEPOST ODEON PREMIÈRE CLUB.
© ODEON Cinemas Limited 2009 to 2013. All rights reserved. Version 3.0 dated April 2013.