Ticket purchase regulations

1. DEFINITIONS

 

1.1.            Terms and Conditions – the below regulations regarding the purchase and reservation of Tickets for the cinema rooms Morskie Oko, Goplana and Warszawa located in the Gdynia Film Centre in Gdynia and cinema rooms located in Helios in Gdynia (Riviera Shopping Centre); Culture Consulate; Museum of Polish Navy; City Theatre, as well as on the New and Chamber Stage of the Musical Theatre in Gdynia through the Website www.system.festiwalgdynia.pl, as well as provision of Services by electronic means. These Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002 No. 144, item 1204, as amended).

1.2.            Website – the Website available at www.system.festiwalgdynia.pl, the administrator of which is the Service Provider.

1.3.            Service Provider – Pomeranian Film Foundation in Gdynia with headquarters in Gdynia at Plac Grunwaldzki 2, 81-372 Gdynia, entered into the National Court Register of associations, other social and professional organizations, foundations and independent public healthcare institutions and the register of entrepreneurs maintained by the District Court Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register, under KRS number 0000233880, NIP 586-21-47-548, Regon 220055893.

1.4.            Cinema – the Studio Cinema of the Gdynia Film Centre located at Plac Grunwaldzki 2, 81-372 Gdynia; Helios Cinema in Gdynia Riviera Shopping Centre at street Kazimierza Górskiego 2, 81-304 Gdynia; Culture Consulate at Jana z Kolna 25, 81-001 Gdynia; City Theatre in Gdynia at Bema 26 81-388 Gdynia; Polish Navy Museum at  Zawiszy Czarnego 1B, 81-374 Gdynia; New and Chamber Stage of the Musical Theatre in Gdynia at Plac Grunwaldzki 2, 81-372 Gdynia.

1.5.            Ticket – a document issued by the Pomeranian Film Foundation in Gdynia in paper or electronic form, confirming the right to participate in a Screening or an Event, which specifies the title, date, time of the Screening or Event, as well as the Cinema Room. A Ticket purchased through the Website with delivery in the form of an e-mail is in the form of a photo code, which is provided to the Customer by e-mail.

1.6.            Customer – a natural person, a legal person or an organizational unit without legal personality that uses the Service provided electronically on the terms set out in these Terms and Conditions.

1.7.            Payment Page – website www.dotpay.pl, administered by Dotpay S.A., based in 30-552 Kraków, ul. Wielicka 72, registered by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number 0000296790, with a NIP number 634-26-61-860, NIP EU PL6342661860, REGON number 240770255.

1.8.            Service – a Service provided electronically by the Service Provider via the Website to the Customer, based on these Terms and Conditions.

1.9.            Contract for the provision of services – the rules for the provision of Services by the Service Provider and their use by the Customer, including the rights and obligations of the Customer and Service Provider, indicated in these Terms and Conditions to present and consolidate the terms of the Services and contractual provisions regarding the Services.

 

2. GENERAL PROVISIONS

2.1.          These Terms and Conditions define the rules for the purchase of Tickets by the Customers via the Website and the rules, scope and terms of use of the Website.

2.2.          The Terms and Conditions are made available to the Customer free of charge via the Website in a manner that allows the Customer to view, play and record them at any time. The Service Recipient is obliged to read the Regulations before using the Services.

2.3.          The law applicable to the application of these Regulations is Polish law, in particular the following acts: a) The Act of the 23rd of April 1964 of the Civil Code, b) The Act of the 30th of May 2014 on consumer rights, c) The Act of the 18th of July 2002 on Providing Services by Electronic Means, hereinafter referred to as the Act on Providing Services by Electronic Means, d) The Act of the 10th of May 2018 on the protection of personal data, e) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 as "GDPR".

2.4.          The contact details used for communication between the Customers and the Service Provider are contained in the "Contact" tab being a subpage of the Website.

2.5.          The Customer is obliged to use the Website and purchase and use Tickets in a manner consistent with the Terms and Conditions and the applicable law. The Customer is forbidden to provide content that is inconsistent with the generally applicable provisions of law and that causes disruption of work or overloading the Website.

2.6.          Use of the Website requires the following minimum technical conditions:

  1. software: any web browser that supports the Java Script application, a program that allows viewing and printing of Tickets saved in a PDF format;
  2. hardware requirements: a device with Internet access.

2.7.          On the basis of these Terms and Conditions, through the Website, The Service Provider provides Services:

  1. Service consisting in the sale of Tickets for film screenings at the Cinema to Customers – a Service enabling the purchase of Tickets for film screenings in the Cinema through the Website;
  2. Service consisting in browsing the content of the Website - an information Service enabling the Customer to access information about the repertoire, films, Service Provider, Cinema, educational programs, upcoming events, festivals, partners and contact details.

2.8.          Electronic Services are provided 24 hours a day, 7 days a week.

2.9.          In special cases that affect the security of the Website, the Customer, the Service Provider or the stability of the Website, the Service Provider is entitled to cease or limit the provision of Services without prior notice for the time necessary to carry out maintenance works aimed at restoring the security and stability of the Site.

2.10.      The Service Provider shall not be liable for any interruptions in the provision of Services resulting from failures or faulty operation of the Website that are beyond the Service Provider's influence.

2.11.      The Service Provider is entitled to terminate the provision of Services in the event of a serious breach of these Regulations by the Customer.

2.12.      Conclusion of the Contract for the provision of a Service consisting in the sale of Tickets for film screenings at the Cinema is done by submitting, via the Website, an order for a Ticket according to the rules specified in the Terms and Conditions. The condition for the conclusion of the Contract is acceptance of the content of these Terms and Conditions, which becomes an integral part of this Contract. Conclusion of the Contract for the provision of the Service consisting in the booking of Tickets for film screenings at the Cinema is done by purchasing the tickets using the Website on the terms set out in the Terms and Conditions. The condition for the conclusion of the Contract is acceptance of the content of these Terms and Conditions, which becomes an integral part of this Contract.

2.13.      Conclusion of the Contract for the provision of the Service consisting in browsing the content of the Website follows after reading the Terms and Conditions together with the actual start of using this Service. The contract for browsing the content of the Website is concluded for the time of actual use of the given Service.

 

3. SUBMITTING AN ORDER ON THE WEBSITE FOR PURCHASING TICKETS FOR FILM SCREENINGS IN THE CINEMA

3.1.            In order to purchase a Ticket for movie screenings at the Cinema, you must first register or create an account using the Website (ie at www.system.festiwalgdynia.pl.)

3.2.            The purchase of the Ticket takes place by submitting, via the Website, orders for the Ticket and making payments via the Payment Page due under the order, on the terms set out in the Terms and Conditions.

3.3.            Placing an order is possible in the "Tickets" tab which is a subpage of the Website. Placing an order takes place by executing the following actions on subsequent subpages of the Website:

  1. Selecting film screenings for which the Customer wants to purchase Tickets.
  2. Selecting the number of tickets.
  3. Choosing the "Add to Cart" option.
  4. Selecting the "Next" option, which redirects to the Payment Page or "Add more", which allows you to select Tickets for subsequent screenings.
  5. Rewriting the code from the picture.
  6. Submitting a statement of acceptance of the terms of these Terms and Conditions and consent to the processing of your personal data, with the content indicated on the Website subpage.
  7. Clicking "Buy".
  8. Selection of the Ticket delivery in one of the forms defined in point 5.1 of the Terms and Conditions.
  9. Order verification.
  10. Placing an order by clicking "Buy and Pay".
  11. Choosing one of the given payment methods.
  12. Payment.

3.4.            The payment for the order should take place directly after placing the order and the payment process should last no more than 20 minutes. The expiry of the above-mentioned term causes the Site to expire, cancellation of the order, and the need to restart the ordering procedure.

3.5.            The Customer is entitled to order Tickets for film screenings from the current Cinema repertoire, the sale of which will be enabled by the Service Provider via the Website.

3.6.            The Service Provider has the right to freely decide on the beginning and end of the sale of Tickets for a given film screening via the Website, which may differ from the period of sale of Tickets at the Cinema.

3.7.            The Customer has the right to order no more than 10 Tickets in one order.

3.8.            Buying a Ticket through the Website, the Customer has the option of ordering only a Normal Ticket. The discount Ticket can be purchased at the box office of the cinema after showing a document authorizing the grant of the discount.

3.9.            The Customer placing an order will receive a confirmation of the order in the form of an email that will be sent to the address provided while placing the order. Confirmation of the order will be sent within 5 minutes of receiving the order by the Service Provider. Confirmation of the order will contain:

  1. information about the Screening for which the Ticket or Tickets are applicable (cinema room, date, time);
  2. details of the ordered Ticket (price);
  3. information on the total price for the Service, including the price of Ticket delivery (additional costs);
  4. transaction number.

3.10.        The prices indicated on the Website pages, in the order confirmation and on the Ticket are gross amounts, including VAT calculated in accordance with applicable regulations.

3.11.        Until the payment for the ordered Ticket is made, the Customer may, at any time and at no cost, cancel the purchase of the ordered Ticket by leaving the Payment Page and deleting the ordered Ticket from the Website subpage titled "Your basket". Thus, the Contract for the provision of a Service consisting in the sale of Tickets for film screenings at the Cinema is terminated.

3.12.        The Contract for the provision of the Service consisting in the sale of Tickets for film screenings at the Cinema is also terminated in the case specified in point 4.4 of the Terms and Conditions.

3.13.        The Service Provider is not liable for the Customer providing incorrect data when placing a Ticket order. The Service Provider informs the Customer that providing incorrect personal data may result in failure to deliver the Ticket to the Customer or the inability to use the Ticket.

3.14.        After placing an order for a Ticket, the Customer has the right to resign from purchasing the ordered Ticket by not paying for the Ticket. In this case, the order will be cancelled in accordance with point 4.4. of these Terms and Conditions.

 

4. PAYMENT 

4.1.            Payment for the Ticket ordered through the Website will be possible only through the Payment Page, to which the Customer will be redirected immediately after placing the order.

4.2.            The Customer can pay for the ordered Tickets only using the payment methods available on the Payment Page.

4.3.            Payment resulting from one order should be made once, in full and include the price of all Tickets ordered with the cost of their delivery. The Customer is not entitled to make payments in instalments or separately for individual Tickets.

4.4.            Payment should be made no earlier than at the time of placing the order and not later than within 20 minutes of placing the order. After the deadline for payment, the unpaid order of the Customer will be cancelled, about which the Customer will be informed by e-mail sent to the e-mail address indicated in the order. The moment of making the payment, and thus purchasing the Ticket, is the moment when the Service Provider receives information about the payment. As a result of cancelling the order, the Contract for the provision of the Service consisting in the sale of Tickets for film screenings in the Cinema is automatically terminated and the Customer does not bear any costs.

4.5.            If the Service Provider fails to obtain the confirmation of the availability of funds necessary to pay the transaction price from the administrator of the Payment Page within 30 minutes of placing the order by the Customer or if information about the lack of availability of funds necessary to make the transaction, the Service Provider will inform the Customer that the transaction cannot be executed.

 

5. DELIVERY AND USE OF THE TICKET

5.1.            After payment, the Customer will receive a Ticket in accordance with the method of delivery selected by him when placing the Ticket Order:

  1. in the form of an e-mail – about 5 minutes from making the payment, however not later than within 20 minutes of placing the order, an e-mail will be sent to the e-mail address provided by the Customer containing a Ticket in the form of a photo code saved in a PDF file. The use of the Ticket delivered in the form of an e-mail requires printing a Ticket in black on white paper or showing the photo code on an electronic device;
  2. or collection at the box office on the terms specified in items 6.1–6.7 of the Terms and Conditions.

5.2.            The equipment necessary to use the Ticket sent to the Customer in the form of an e-mail is:

  1. a device with Internet access and with software that supports PDF files, alternatively, if the Ticket is in the form of a printout:
  2. a computer printer with black ink and white paper.

5.3.            The Ticket is validated by showing it to the Cinema employee checking Tickets at the ticket gate;

  1. A Ticket – in the form of a black print on white paper, either in the form of a photo code displayed on an electronic device, or in a paper form received at the box office in accordance with paragraphs 6.1–6.7 of these Terms and Conditions.

5.4.            The Ticket is valid from the moment of its receipt after payment, until the end of the film screening concerned. The Service Recipient is not entitled to participate in a film screening at the Cinema outside the validity period of the Ticket. Receiving a Ticket at the cinema box office is possible on the date specified in item 6.3. Terms and Conditions.

5.5.            The Customer is obliged not to disclose the Ticket to third parties. In the event that several people with the same Ticket come to the Cinema, only the person who showed the Ticket first will be the authorized to participate in the film screening.

5.6.            In the event the Client leaves the Cinema room during the film screening, he/she should show his or her Ticket to a Cinema employee in the manner indicated in point 5.3, under pain of losing the right to return to the Cinema room and participate in the further part of the film screening.

 

6. COLLETING THE TICKET AT THE CINEMA BOX OFFICE 

6.1.          The Customer who, while placing the order for the Ticket, has selected the method of delivery in the form of a receipt at the box office or who for any reason is unable to present the Ticket in the manner indicated in section 5.1. point a of the Terms and Conditions, has the possibility to collect the Ticket at the box office of the Cinema, on the terms set out in items 6.2 - 6.7.

6.2.          Collecting the Ticket at the cinema box office is possible only in person by the Customer.

6.3.          Collecting the Ticket at the cinema box office will be possible no later than within 15 minutes from the beginning of the film screening which the Ticket applies to.

6.4.          The Customer is not entitled to receive the Ticket before other clients of the Cinema purchasing or collecting Tickets directly at the cinema box office.

6.5.          For the purpose of collecting the Ticket at the box office of the Cinema, the Customer is obliged to provide the transaction number specified in the order confirmation. In the event of doubts regarding the identity of the Customer the Service Provider may request the Customer to provide an identity document and the e-mail address or mobile phone number provided in the order.

6.6.          The Customer is obliged not to disclose the transaction number to third parties. In the event of a few people with the same transaction number trying to collect the Ticket at the box office, the person who shows up first will be the one authorised to collect the Ticket and take part in the screening of the film.

6.7.          The Service Provider is not responsible for the inability to collect the Ticket at the cinema box office for reasons beyond its control: in the case of temporary or permanent loss of connection with the IT system verifying the Customer's payment and in case of inability to collect the Ticket within the time specified in point 6.3. of the Terms and Conditions due to a queue at the box office.

 

7. RETURNING THE TICKET 

7.1.            The Ticket, which will not be used in the manner indicated in point 5 of the Terms and Conditions or collected at the box office of the Cinema in the manner specified in point 6 of the Regulations, is not refundable, unless the provisions of this point state otherwise

7.2.            The Customer has the right to return the Ticket:

  1. in the case of cancellation of the film screening the Ticket is for or at least a 30-minute delay of the screening,
  2. in the case of other circumstances making the use of the purchased Ticket impossible due to the Service Provider’s fault, excluding the provisions of point 7.3.

7.3.The Customer doesn’t have the right to return the Ticket:

  1. in the case of changing the room in which the film screening will take place, the Service Provider agrees that the place assigned to the Ticket in the new room will have a similar location (in relation to the screen) to the location of the place selected by the Customer;
  2. in case of a delay in screening shorter than 30 minutes;
  3. in case described in point 6.7 of the Terms and Conditions.

7.4.            The return of the Ticket by the Customer should be reported to the box office at the latest on the day of the film screening, which the Ticket concerned, not later than before its commencement or in electronic form, in accordance with point 7. of the Terms and Conditions – within 14 days from the date of purchase of the Ticket, but not later than before the screening the Ticket is for.

7.5.            When returning the Ticket, the Customer must show the Ticket, an identity document and provide the transaction number specified in the order confirmation, e-mail address and telephone number.

7.6.            In case of returning the Ticket in the Cinema box office, the Customer will receive a refund in cash, immediately after verifying the legitimacy of returning the Ticket by the Service Provider's employee. In the case of an unfounded return, the Customer will receive information on the reasons for it not being subject to a refund at the Cinema's box office.

7.7.            In the event of cancellation of the screening, the Service Provider will make every effort to immediately inform the Customer about this fact in the form of an e-mail sent to the address indicated in the order.

7.8.            Based on Article 38 point 12 of the Act of the 30th May 2014 on Consumer Rights, the consumer shall not be entitled to withdraw from an off-premises contract or from a distance contract, in relation to contracts for accommodation Services other than for residential purposes, transportation of goods, car rental, gastronomic Services, leisure Services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the Service. In connection with the above, the Customer who is a consumer within the meaning of the Act of 30 May 2014 on Consumer Rights, is not entitled to withdraw from the contract for the purchase of a Ticket pursuant to art. 27 of the Act of 30 May 2014 on Consumer Rights.

 

8. COMPLAINT PROCEDURE

8.1.            All questions, comments and complaints regarding the Services should be sent by e-mail to sales@festiwalgdynia.pl. Questions, comments and complaints regarding payments should be additionally submitted via www.dotpay.pl.

8.2.            The complaint should contain the name, surname, exact address of the Customer, email address and a detailed description and reasons for the complaint.

8.3.            Complaints will be handled by the Service Provider within 14 (fourteen) days from the date of submission.

8.4.            The person submitting the complaint will be informed about the method of considering the complaint using the contact details indicated in the complaint.

8.5.            If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Service Provider will ask the complainant to complete the complaint in the indicated scope.

 

9. PERSONAL DATA

9.1.            As part of providing the Services electronically, the Service Provider is entitled, pursuant to Art. 18 point 1 of the Act on Providing Services by Electronic Means, to process Customer's personal data necessary for entering in, designing contents, amending or terminating legal relationship between the Service Provider and the Customer, and only for the proper implementation of the Services.

9.2.            If the Service Provider obtains information about the use of the Services by the Customer in a manner inconsistent with the law or the Terms and Conditions, the Service Provider may process the Customer's personal data for the purpose and to the extent necessary to determine the Customer's liability.

9.3.            The Service Provider can process the following personal data:

  1. Customer’s surname and names,
  2. Customer’s login,
  3. Customer’s address of residence or correspondence,
  4. Customer’s e-mail address,
  5. Customer’s phone number.

9.4.            The Service Provider may process the following data describing the way of using the Service provided by electronic means by a Service recipient (traffic data):

  1. denotations identifying the Customer assigned on the basis of the data referred to in point 3 of this Article,
  2. denotations identifying the telecommunication network terminal or a tele information system, which have been used by the Customer,
  3. information about commencement, termination and a range of every usage of the Service provided by electronic means,
  4. information about using of the Service provided by electronic means by the Customer.

9.5.            The Service Provider is the administrator of personal data within the meaning of the Act on the Protection of Personal Data.

9.6.            The Service Provider as the administrator of personal data takes care of the security of personal data provided by Customers. This data is protected against unauthorized access.

 

10. FINAL PROVISIONS 

 

10.1.        The Service Provider is not responsible for the functioning of the GSM network or the Internet network through which Tickets are ordered, reserved or delivered to the Customers.

10.2.        The Service Provider is not responsible for the functioning of the Internet network through which the Customers place orders and receive Tickets. The Service Provider is not responsible for the settings of computers or other devices of the Customers of an individual nature and for the manner of their configuration, as well as the setting or interruption in the provision of Services to the providers of access to the Customers’ Internet network.

10.3.        These Terms and Conditions are available to the Registered Users at the Service Provider's headquarters, Cinema box offices and at www.system.festiwalgdynia.pl.

10.4.        The Service Provider hereby stipulates that the Terms and Conditions may change at any time. The deadline for publishing changes to the Terms and Conditions should be the date of publishing the new version of the Terms and Conditions on the Website and the box office of the Cinema. In the event of a change to the Regulations, the Service Provider undertakes to provide information about this fact on the Website at least 7 days in advance.

10.5.        The Service Provider reserves the right to:

  1. decide about the content of the Website, make changes and modifications therein, without the Service Provider having to anticipate their intentions;
  2. temporary suspension of the Website's operation and temporarily suspend the possibility of purchasing all or some of the Tickets via the Website, as well as booking Tickets;

10.6.        If the mandatory rules of the law provide differently for the rights and obligations of the Customer and Service Provider than the provisions of these Terms and Conditions, the mandatory rules of the law shall apply.