1. GENERAL PROVISIONS AND DEFINITIONS

1.1 “Company 5D Cinema Maxim” is a commercial company XD Technology s.r.o., headquartered in the street Cejl 53/115, Zabrdovice, 602 00 Brno, Tax ID: CZ292 67 382, ID 292 67 382, case number C 69548 kept by the Regional Court in Brno.

1.2 Company XD Technology Ltd. operates 5D cinemas under the name 5D Cinema Maxim.
(hereinafter the “facility” or “5D cinema”).

1.3 “Customer” is the entity that has entered into a contract with company 5D Cinema Maxim to purchase a ticket to the cinema or other performances operated by 5D Cinema Maxim directly at the company’s facility or via the internet on www.kino-5d.cz.

1.4 “Common ticket” is the ticket the Customer will receive when paying at the box office of the 5D cinema.

1.5 “E-ticket” is the ticket with a code number the customer will receive in PDF format for printing or sent to his mobile phone as SMS, always after the order and payment of the ticket over the internet.

1.6 The Customer who buys tickets in the 5D cinema or via the internet, agrees with these Terms and Conditions, which are binding for both parties. Determinative of the general Terms and Conditions is the version applicable on the date of payment of the ticket purchase price. Ticket validity is within 3 months from the date of purchase, after the expiration of this period the ticket becomes invalid!

2. PURCHASE OF THE TICKET

2.1 The Customer may purchase tickets to the 5D cinema operated by Company 5D Cinema Maxim at the box office of the 5D cinema.

2.2 The customer may purchase tickets to the 5D cinema operated by Company 5D Cinema Maxim over the internet and pay by a credit card.

3. PURCHASE AND PAYMENT OF TICKETS PURCHASED OVER THE INTERNET (e-ticket)

3.1 When buying E-tickets, it’s not possible to use discount coupons, free tickets or vouchers issued by Company 5D Cinema Maxim.

3.2 When buying E-tickets, it’s possible to purchase tickets to more performances in a single transaction.

3.3 When buying E-tickets, the Customer may be charged a handling fee above the actual ticket price.

3.4 After a complete E-ticket order fulfillment, the Customer is shown the total purchase price, which the Customer is obliged to pay. The presented purchase price is the current price for the ordered performances, this price includes VAT and is the final price, i.e. including any provided discounts.

3.5 Following the E-tickets order closure, the customer can use the payment gateway service, which will redirect him to the internet banking service of his bank or to a secure site for credit card payment.

3.6 In the payment gateway, the customer enters all required information for payment of the price of purchased tickets. After transaction completion, the gateway sends information about payment to 5D Cinema Maxim website, that will issue the ticket and send it to the email address specified in the order. In the case of euro payments, money transfers are transacted through the bank accounts of ComGate Payments, a.s. and in the case of payment in Czech crowns, the payments are transacted through the bank accounts of Československá obchodní banka, a. s.

3.8 Upon payment of the purchase price of E-ticket and the successful completion of the order, the Customer will receive from the system of Company 5D Cinema Maxim an e-mail message called “The final recapitulation,” which contains information on tickets purchased. This “final recapitulation” does not replace the Common ticket or E-ticket.

3.9 After the payment is made through the payment gateway, the Customer is redirected back to the page of Company 5D Cinema Maxim.

3.10 In the event that the Customer enters incorrect data or technical problems occur on the side of internet and telecommunications services provider, Company 5D Cinema Maxim is not liable for non-delivery of the E-ticket.

3.11 Transfers of money are made through an account ComGate Payments

3.12 Company 5D Cinema Maxim is not responsible for any difficulties caused by unauthorized using or copying of E-ticket. Counterfeiting is a crime. The E-ticket also becomes invalid if it does not contain the data necessary for its check or has been amended by additional modifications. Ticket validity is within 3 months from the date of purchase, after the expiration of this period the ticket becomes invalid!

4. OTHER CONDITIONS

4.1 During a ticket check, the Customer submits either a valid Common ticket or E-ticket with a numerical code.

4.2 The Customer is entitled to settle only in the seat designated by the operator.

4.3 By purchasing the Common ticket or E-ticket, the Customer agrees to abide by the Visitors and Operating Rules for the duration of the stay in the 5D cinema rooms. Visitors and Operating Rules are always posted on the premises of the 5D cinema.

5. PROTECTION OF PERSONAL DATA

5.1 In accordance with law no. 101/2000 Coll., Act no. 40/1995 Coll. and Act no. 480/2004 Coll. as amended, by purchasing of the E-ticket or reservation of the Common ticket over the internet, the Customer gives to Company 5D Cinema Maxim his consent to the processing of his personal data in the scope of name, surname, e-mail address, telephone, or other data filled in the registration form for the purpose of selling the E-ticket or reserving the Common ticket over the internet, or for complaint or information regarding the canceled performances for the period of one year.
5.2 The data used for the payment of the purchase price of E-tickets is provided directly to the companies operating the secure internet payment gateway, and Company 5D Cinema Maxim does not have access to this data. The data is protected in accordance with the Terms and Conditions of the operators of the secure internet payment gateways.

6. COMPLAINT CONDITIONS

6.1 In the event that a wrong amount of money is deducted from the Customer’s account following the payment of tickets by a credit card or through other payment systems at the box office of 5D cinema or when shopping at online store of 5D Cinema Maxim, the Customer is entitled to complain about this fact only at the bank that issued the credit card used by the Customer to pay for the tickets, respectively, the provider of the other payment system through which the payment for tickets was made.

6.2 Rights of the Customer from faulty performance
If the performance for which the Customer has already purchased a Common ticket or E-ticket is canceled, the admission will be refunded to the Customer under the following conditions:

a) if the ticket was purchased at the box office of 5D cinema, the Customer will be refunded the price if promptly come to the box office where the ticket was purchased or, if the Customer has an interest, the ticket may be exchanged for a ticket for another performance in the same value in the 5D cinema.

b) if it’s an E-ticket (purchased online), the Customer after writing a complaint will be refunded the price paid via postal order or bank transfer or, if the Customer has an interest, the ticket may be exchanged for a ticket for another performance in the same value in the 5D cinema.
The customer is entitled to exercise the rights from the defective performance in the form of film performance defects (especially related to video or audio) at the email address info@kino-5d.cz or telephone number 773003019. For the proper exercise of the rights from the defective performance, the Customer is obliged to submit the ticket based on which he was entitled to watch the film performance in question.
Company 5D Cinema Maxim is obliged to resolve the Customer’s complaint within 30 days of making the complaint of the film performance by the Customer.
Company 5D Cinema Maxim is obliged to issue the Customer a written confirmation about when the Customer applied his right from the defective performance, what was the content of the complaint and what resolution method the Customer demands.

6.3 If the Customer is an individual not acting as an entrepreneur (hereinafter referred to as “consumer”) and his dispute with company 5D Cinema Maxim does not end to an amicable settlement of the dispute, the consumer may, in accordance with the provisions § 20n of the Consumer Protection Act in the current version, file a proposal for an extrajudicial resolution of the consumer’s dispute to the Czech trade inspection and even via the online form at https://adr.coi.cz/cs

7. FINAL PROVISIONS

7.1 These Terms and Conditions are valid for all business transactions concluded between Company 5D Cinema Maxim and the Customer.

7.2 Company 5D Cinema Maxim reserves the right to modify these Terms and Conditions at any time. Their change and effectiveness will be published by Company 5D Cinema Maxim in an appropriate manner on its website www.kino-5d.cz and at the point of ticket sales.

8.3 These Terms and Conditions came into effect on December 1, 2016.

In Brno on December 1, 2016, XD Technology Ltd.