GENERAL TERMS AND CONDITIONS OF SALE AND PROVISION OF SERVICES WITH CONSUMERS

Version applicable from 1st October 2024

Preamble

These General Terms and Conditions apply to all purchases of Products for private use made via the ARBEMAX online ticketing platform as well as to the other Services offered and the rental of space for private use.

• Definitions

Terms beginning with a capital letter have the following meaning:

• Scope of application

The General Terms and Conditions define the mutual rights and obligations applicable to orders or purchases of Products or Services made (i) on the Website or (ii) by any other means of remote contracting, as well as (iii) orders or purchases of Products and Services offered for sale or proposed by ARBEMAX for private purposes. Any order placed on the Website implies that the General Terms and Conditions were made available to the Customer and the full and unreserved acceptance of these General Terms and Conditions by the Customer. If the Products or Services are ordered for professional activities, these are governed by the B2B general terms and conditions available at following link:  https://www.cinema-aventure.be/infos/condgenpro/.

• Conditions for e-commerce and distance selling

1. Access and navigation

ARBEMAX takes all reasonable and necessary measures to ensure the proper operation, security and accessibility of the Website. However, ARBEMAX cannot guarantee the absolute operability of its Website. ARBEMAX reserves the right to restrict access to the Website or to the ticketing service, or to interrupt its operation at any time, without obligation to give prior notice. ARBEMAX declines all liability in the event of damage or disruption caused by cyber-attacks, viruses, or any other malicious software that may affect Users' computer systems, software or data following access to or use of the Website. Users are responsible for taking all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.

1. Information

ARBEMAX provides all necessary information on its Website concerning tickets, including current prices, programming, dates and times of validity, and conditions of use. This information is also included in the purchase confirmation and admission receipt. ARBEMAX cannot offer an absolute guarantee concerning the quality of the information on the Website or the total absence of error. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. In the event of questions, the Customer may obtain additional information or ask questions by contacting ARBEMAX via the e-mail addresses mentioned on the Website or, failing that, at info@cinema-aventure.be.

1. Specific requests

If a particular request is made by the Customer (à la carte screenings, privatisation of the cinema, etc.), ARBEMAX may issue an offer including a price proposal for the sale of Products or Services. However, ARBEMAX reserves the right to accept or refuse any request from the Customer if there are reasonable grounds for doing so.

1. Sales process

The Customer may browse freely on the Website to consult the movie screening programs, Products and Services offered by ARBEMAX, with a detailed description (movie, screenings, prices, etc.). The Customer purchases tickets by following these steps: (1) selection of the movie; (2) indication of the day and time; (3) selection of the quantity and type of tickets or subscriptions; (4) completion of the payment process; (5) completion of personal data for confirmation of purchase and electronic delivery of tickets. Each step is explained on the Website. Customers may check and correct their order before payment. At the time of purchase, the Customer receives a copy of and must accept the General Terms and Conditions and the Privacy Policy without reservation.

1. Specific process for renting space or other Services

Rental requests are made via an online form or by direct contact to the e-mail address given in the specific section of the Website or, failing that, to the following e-mail address: info@cinema-aventure.be. A quotation will be sent to the Customer, and the booking will be confirmed once the quotation has been accepted and a deposit has been paid (see article 4). If the deposit is not paid within the specified time or if the deposit is not paid in full, the space will not be reserved.

• Payment

The prices of Products and Services are mentioned in euros and include all costs associated with the purchase and use of tickets, unless expressly stated otherwise on the Website. They do not include any physical delivery.  Tickets may be paid by using the online payment methods made available on the Website. The prices of other Products or Services will be indicated in ARBEMAX's offers and quotations. The Customer is responsible for any fees that the financial institution may charge for the transfer of the purchase amount to ARBEMAX. If the Customer is eligible for a reduced rate, as communicated on the Website, ARBEMAX is entitled to request supporting documents in order to verify such eligibility. All purchases are payable immediately.

Upon reservation, a non-refundable deposit of 30% of the total amount is required, unless a different amount is specified in the offer. This deposit is deductible from the total amount due but remains non-refundable in the event of cancellation. The balance must be paid no later than 14 days before the event. If this payment is not made within the deadline, ARBEMAX reserves the right to cancel the reservation without the obligation to refund the deposit already paid. No deposit refund will be granted in the event of cancellation. In case of late payment after sending a first reminder, an additional period of 14 days will elapse (starting on the third business day following the day the reminder is sent to the consumer or the next day if the reminder is sent by email) to settle the amounts claimed. ARBEMAX may then charge late interest at the central rate increased by eight percentage points and a fixed compensation which varies depending on the amount of the remaining debt: 20 euros if the amount due is less than or equal to 150 euros, 30 euros plus 10% of the amount due between 150.01 and 500 euros if the debt falls within this range, and finally, 65 euros plus 5% of the amount due beyond 500 euros, with a maximum of 2,000 euros for debts exceeding 500 euros. ARBEMAX reserves the right to refuse or cancel an order in the event of non-payment or suspected fraud. Non-payment of an invoice makes all other claims of ARBEMAX against the Client immediately due.

To be valid, any complaint relating to an invoice must be justified, accompanied by supporting documents, and notified by registered post to the ARBEMAX head office, with a copy by e-mail, at the latest within 15 days of receipt of the invoice.

• Delivery

Unless explicitly stated otherwise on the Website, Products are always delivered electronically, for example by sending the purchase confirmation and proof of entry (ticket) to the e-mail address provided by the Customer. The Customer is responsible for the validity of the e-mail address provided and must ensure that their e-mail program for receiving tickets works properly and is secure.

ARBEMAX is not responsible for the risk of loss of tickets sent electronically and not delivered by the Customer's email service provider. The Customer always receives an e-mail confirming the purchase, containing a summary of the main details of the purchase. It is the Customer's responsibility to keep this e-mail.

If the Customer does not receive the email confirming the purchase of the ordered tickets, they may contact ARBEMAX at the email address provided on the Website. All ticket purchase confirmations include an admission receipt or a link to this receipt with a unique access code, which grants the Customer the right to personally collect the cinema tickets at the cinema’s ticket counter.

Each admission ticket, reservation code, and ticket-related code is unique, unchangeable, non-duplicable, and valid for one-time use only, unless expressly stated otherwise.

Any complaint from the Customer must be submitted in writing no later than 10 days after the date of the session for which the tickets were purchased.

• Right of withdrawal

In accordance with Article VI.53 of the Belgian Code of Economic Law, the right of withdrawal cannot be exercised for contracts for leisure services provided on a specific date or for a specific period. Consequently, the purchase of online tickets or season tickets or the reservation of spaces, being considered as a leisure service provided on a specific date, is not subject to the right of withdrawal. When purchasing tickets, and therefore reserving seats for a specific cinema screening or for a special event, the Customer has no right of withdrawal. Tickets are non-exchangeable and non-refundable. A ticket is only valid for the seat, screening, date and time indicated on it. In all other cases, the ticket is invalid. If the cinema cancels the screening or in exceptional circumstances, we will contact you to offer an alternative solution, such as a refund or an exchange for another screening.

For other Products and Services where the right of withdrawal cannot be excluded, the Customer may exercise their right of withdrawal by submitting a clear declaration (for example, via registered mail or email) indicating their decision to terminate the Agreement. The Customer may use the attached withdrawal form template. 

Model withdrawal form :

If you wish to withdraw from the Agreement, please complete this form and return it within the specified deadlines.

-To the attention of : ARBEMAX SRL Galerie du centre 57, 1000 Brussels, info@cinema-aventure.be.
-I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract concluded by me/us (*) for the purchase of the following goods (*)

- Ordered on (*) / received on (*)
- Name of consumer(s): (*)
- Address of consumer(s): (*)

- Order number: (*)
- Signature of consumer(s): (*) (only if notified on paper)
- Date: (*)
(*) the inapplicable parts or complete them.

In all cases, the Customer must clearly state in their withdrawal: (1) their intention to withdraw from the purchase, (2) the description of the Products which the Customer wishes to withdraw from, (3) a copy of the purchase confirmation, (4) the e-mail address used for the purchase or the order number and (5) the account number (BIC + IBAN) to which the refund is to be made. When a Product has been physically delivered, the Customer must return it or deliver it to ARBEMAX (including all its components) without delay, and in any case no later than 14 days after notifying ARBEMAX of their decision to withdraw from the Agreement, at their own expense. The direct costs of returning the goods are borne by the Customer. The Customer must return the Products in the condition in which they were received and is solely responsible for any depreciation of the Products. In this regard, ARBEMAX reserves the right not to partially refund a Product if the packaging has been opened or damaged.

• Cancellation of reservation of premises/space

Any cancellation by the Customer of a space reservation must be communicated in writing. The 30% deposit paid at the time of reservation is non-refundable, regardless of the cancellation date. In the event of a Customer cancellation less than 60 days before the event date, the full remaining balance of the reservation will be due.

If ARBEMAX cancels the reservation for reasons beyond the Customer's control, a full refund of the balance (excluding costs incurred at the Customer's request) will be provided, except in cases of force majeure. ARBEMAX reserves the right to cancel the reservation if the total balance is not paid within the specified deadlines. In such cases, the deposit will remain non-refundable.

• Force majeure

If ARBEMAX is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this shall be deemed to be force majeure. The occurrence of any event, such as, in particular, water damage, floods, fires, strikes, lock-outs, embargoes, wars, terrorist attacks or consequences of attacks, shortage of raw materials, epidemics, pandemics, bad weather and more generally, any event of a similar nature affecting ARBEMAX or its suppliers and delaying or rendering impossible or drastically compromising the performance of their respective obligations, suspends the performance of their respective obligations.

In the event of force majeure, ARBEMAX is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure event. If the force majeure event continues for more than 90 days, the parties to the Agreement will make every effort to renegotiate the subsequent execution of the Agreement. In the absence of an agreement, either party will have the right to terminate the Agreement by notifying the other party via registered mail. However, services and orders already performed by ARBEMAX will be billed to the Customer on a pro-rata basis.

• Data protection

Personal data collected as part of an order will only be used by ARBEMAX for the performance of the Agreement or if justified by a legitimate interest of ARBEMAX. For any question relating to the protection of your personal data, please refer to ARBEMAX's Privacy Policy available at the following link: https://www.cinema-aventure.be/infos/dataprotection/.  

• Liability

ARBEMAX will take the necessary measures to ensure that the Products have the characteristics that were mentioned on the Website at the time they were purchased. However, ARBEMAX does not guarantee that the programming of movies will remain unchanged for a given period. ARBEMAX will refund tickets purchased within 30 days only in the event of proven technical problems on the Website resulting in the Customer not receiving the tickets purchased at the e-mail address indicated. ARBEMAX's liability is limited in all cases to the value of the tickets purchased or to the Products and Services ordered. However, the Customer remains responsible for any errors made during the purchase process, such as the indication of an incorrect e-mail address or the incorrect indication of the quantity of Products or the characteristics of the Products (e.g. choice of movie, venue, time of screening). The Customer is also responsible for the use of the tickets, including loss of tickets, using them outside the validity period, allowing others to use the tickets without permission, and any illicit use of the Products.

ARBEMAX’s liability is limited in all cases to the value of the Products and Services actually paid for by the Customer, except in cases of fraud, gross negligence, or physical harm to a person’s integrity.

The Customer must also check that the movie is suitable for him/her and comply with the indications concerning viewing age and the viewers' charter set out in article 11.

• Spectators' Charter

The Customer undertakes to respect the following spectator charter:

1. Respect for other spectators

Please remain silent during movie screenings. Avoid using your mobile phone or any other electronic device, including sending messages or take pictures. Refrain from talking, except in case of emergency.

1. Arrival and movement in the cinema

Arrive on time to avoid disturbing other spectators once the movie has started. If you need to leave the cinema during the screening, do so discreetly. Wait until the end of the credits to exit the room to minimize disruption to others.

1. Cleanliness and respect for the premises

Dispose of your rubbish in the bins provided. Do not put your feet on the seats.

1. Safety

Locate the emergency exits as soon as you enter the venue. In an emergency, follow the instructions of the staff.

1. Children and families

Children must be accompanied and supervised at all times. Children under the age of 3 are not admitted. Choose movies or animated films suited to the age of your children and respect the age ratings.

1. Respect for works and intellectual property

Any form of video or audio capture is strictly prohibited. Please respect copyright and do not attempt to copy or distribute the movies.

1. Consumption of food and drink

Only food and drinks provided by the cinema (ARBEMAX) may be consumed in the cinema. The introduction of food or drink from outside the cinema is strictly forbidden. In the event of non-compliance, these items may be confiscated on entry or at any time during the screening. This rule is designed to keep the premises clean and to ensure a uniform experience for all spectators. Patrons are asked to drink in moderation.

1. General behaviour

Any form of inappropriate, aggressive or disruptive behaviour will not be tolerated. Cinema staff reserve the right to expel anyone who does not comply with this charter, without refund of tickets.

1. Complaints and suggestions

If you encounter a problem or have a suggestion, please do not hesitate to speak to cinema staff or use the contact form on the Website.

• Intellectual property rights

All content on the Website, including but not limited to texts, images, graphics, logos, icons, videos, sounds, software, as well as the layout and design of the Website, are the exclusive property of ARBEMAX or its partners and are protected by Belgian and international laws relating to intellectual property. Use of the Website does not confer any intellectual property rights over the content accessible. It is strictly forbidden to reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, or exploit in any way whatsoever, all or part of the Website without the prior written consent of ARBEMAX. Any unauthorised use of the content of the Website is likely to constitute a violation of intellectual property rights and may give rise to civil and criminal liability on the part of the User. The trademarks, logos and other distinctive signs on the Website are the property of ARBEMAX or its partners. Any use, reproduction or imitation, in whole or in part, without express prior authorisation, is prohibited. Users are prohibited from entering data on the Website that would modify or be likely to modify its content or appearance.

• Links to other websites

The Website may contain links to other websites which are not operated by ARBEMAX. These links are provided for information purposes only. ARBEMAX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The inclusion of such links does not imply ARBEMAX's endorsement of the content of such third-party websites. By accessing third party websites via links on our Website, you acknowledge and agree that ARBEMAX is not responsible for the availability of such websites and their content, as well as for any damage or loss caused by or in connection with the use of such websites. You are advised to read carefully the privacy policies and general terms and conditions of each third party website you visit.

• Dispute resolution and applicable law

ARBEMAX and the Customer agree that any disagreement or dispute relating to these General Terms and Conditions or to the Agreement, or to their interpretation or application, shall be governed by Belgian law.

In the event of a complaint or any other claim, the Customer may make a simple request to the e-mail address info@cinema-aventure.be or by telephone on +32 (0)2 219 92 02.

If the dispute cannot be resolved amicably, any disagreement or dispute relating to these General Terms and Conditions or to the Agreement, or arising from their interpretation or application, shall be finally settled by the competent French-speaking courts of the Brussels judicial district.

To settle a dispute, the Customer may also use the European online dispute resolution platform: http://ec.europa.eu/odr. However, ARBEMAX is not obliged to participate in the out-of-court dispute settlement procedure offered by the platform.