ARTICLE 1 – APPLICATION OF GENERAL TERMS AND CONDITIONS TO ONLINE SALES
These General Terms and Conditions of Sale apply to customers (hereinafter referred to individually the “Customer” and collectively as the “Customers”) in the context of online purchasing of electronic tickets (hereinafter referred to as “e-ticket(s)”) and various cards via the service available on the website www.pathe.ch (hereinafter referred to as the “Site”). The online sales service enables the Customer to purchase cinema tickets for their chosen screening and top up a Friends Card purchased previously at a Pathé cinema. Any purchase confirmed by the Customer via the Site implies their full, prior and unreserved acceptance of these General Terms and Conditions of Sale.
ARTICLE 2 – CONDITIONS OF USE OF THE ONLINE SALES SERVICE
2.1 - Purchase of cinema tickets
Customers can use the online sales service to purchase cinema tickets for one or more screenings in Pathé Cinemas in Switzerland. Customers are entitled to purchase one or more cinema tickets for all screenings that are open for sale, subject to seat availability. The Customer will be asked which payment method they intend to use for the online sales service.
The payment methods referred to in Articles 2.1.2 to 2.1.3 must be valid on the day of the screening.
2.1.1 – Bank card
The price applicable for purchasing an e-ticket with a bank card will be the price in effect for the selected screening with payment debited immediately. Customers may purchase up to a maximum of 10 tickets per transaction. Payment will be made in Swiss francs, regardless of the origin of the sale.
2.1.2 – Pathé Pass subscription
To purchase a ticket with a Pathé Pass card: cinema tickets for standard or 3D screenings are included in the subscription. A supplement will be payable for IMAX/ IMAX 3D screenings, 3D glasses, Premium seats, Dbox seats and special screenings (MET, Bolshoi or special events) and in the VIP Lounge where this is available in the Cinema concerned. The general terms and conditions of use of the Pathé Pass can be found under Pathé Pass.
2.1.3 – Friends Card 5 seats (“Local Card’’)
A Local Card is a prepaid card loaded with cinema tickets valid only in the cinema shown on the card. It is valid solely for the purchase of an e-ticket with a Local Card in the cinemas concerned only: cinema tickets for standard screenings are included in the purchase price of a 5-seat card. A supplement will be payable for 3D screenings, if the Local Card does not include 3D (if the words “3D included” are shown on the actual card, no 3D supplement will be payable).
A supplement will be payable for IMAX/IMAX 3D screenings, 3D glasses, Premium seats, Dbox seats and special screenings (MET, Bolshoi or special events) and screenings in the VIP Lounge where this is available in the Cinema concerned.
ARTICLE 3 – PRINTING/DOWNLOADING CINEMA TICKETS
As soon as their payment is confirmed, the Customer will receive a confirmation e-mail including the receipt for their purchase and their ticket as a PDF attachment. Printing the ticket requires access to a printer that can print onto A4-size white paper. Customers may print their e-ticket in black and white or colour, at their discretion.
Customers who have a smartphone can show the confirmation e-mail (barcode) directly. Responsibility for producing the ticket is transferred from Pathé to the Customer by sending the confirmation e-mail to the address provided by the Customer.
Should they lose their ticket, however, the Customer may collect it from the cinema’s ticket office using their ticket receipt, according to the terms set out in Article 7.Reproducing, duplicating or producing a counterfeit e-ticket in any way whatsoever is strictly prohibited. Only the first person presenting the e-ticket will be admitted to the cinema. This person shall be presumed to be the legitimate ticket-holder. Anyone who reproduces an e-ticket or uses a copy of an e-ticket will be liable to criminal prosecution.
The Cinema may refuse access to the screens if it becomes aware that several prints or reproductions of a printable e-ticket are in circulation or that access to the screens has already been granted to the holder of a print or reproduction.
ARTICLE 4 – TICKET INSPECTION AND ACCESS TO SCREENS
Tickets will be inspected at the point of access to the screens using a barcode reader. The Customer must present their printed e-ticket on paper or using their smartphone. Access to the screens is permitted up to 15 minutes after the start of the film. Where prices require some form of evidence to be presented (such as an identity card or where there are age restrictions on admission) this will be requested when the e-ticket is inspected. Access to the screens will be refused if evidence cannot be provided. A barcode may only be presented for inspection once. E-tickets cannot be resold.
ARTICLE 5 – CANCELLATION AND REFUND OF E-TICKETS
5.1. - Cancellation by the Customer: any request for cancellation must be made at the cinema’s ticket office no later than forty-five minutes before the start of the screening for which the Customer has purchased a ticket. Ladies Night tickets can only be refunded at least 48 hours prior to the session. For payments by bank card, refunds will be paid via a bank transfer to the bank account associated with the bank card used to make the purchase. It should be noted that no refund can be made if the bank card used for the initial order has expired when the cancellation is requested. For other payment methods, the card used for the order will be credited with the number of tickets cancelled (excluding the Pathé Pass card). It should be noted that no credits can be processed if the card used for the initial order has expired. The card used will be re-credited immediately.
5.2. - Cancellation by the cinema: Subject to the application of Article 7 (Force majeure) below, in the event that the screening is cancelled by the Cinema, it will either offer the Customer an invitation (excluding Special Screenings) or, depending on the circumstances, a refund of the order (excluding tickets ordered with the Pathé Pass card) in accordance with the terms and conditions below. The Customer may choose their preferred option except in the cases referred to below.
5.3 If someone who holds a print-at-home e-ticket is refused access to the screens, they will not be entitled to any refund of the price paid.
ARTICLE 6 – LOSS OF E-TICKET PURCHASED VIA THE ONLINE SALES SERVICE
Should they lose an e-ticket reserved via the Site, the Customer may collect their ticket from the cinema’s ticket office using the ticket receipt from their online reservation. However, if they have made their reservation using a bank card, they may collect their ticket by showing the reservation number found in their confirmation e-mail at the ticket office only.
To obtain their e-ticket, the Customer must present the same payment method used to make the purchase and collect it no later than fifteen (15) minutes before the start of the screening. After this, no ticket will be issued to the Customer and they will not be entitled to any refund.
ARTICLE 7 – FORCE MAJEURE
Pathé Cinemas cannot be held liable in the case of an occurrence characterised as force majeure, as defined by the relevant case law, which makes it impossible to hold a screening for which tickets have been sold. In this case, the Customer will not be entitled to any refund or compensation of any kind whatsoever.
ARTICLE 8 – CUSTOMER’S PERSONAL DATA
8.1 According to Art. 6ff. of the COVID-19 regulation 2 of 27.5.2020, the collection of surname, first name and telephone number is mandatory for attending this event. The data will only be passed on to the competent cantonal authorities in accordance with Article 33 EpG upon request for the purpose of identifying and notifying persons suspected of being infected. This data will be destroyed after 14 days.
8.2 Personal data necessary for the delivery of online sales services are processed in accordance with the provisions of Swiss data protection law. Personal data are used for the purposes stated when they are collected, in relation to entering into or performing contractual agreements (service delivery or product orders), for the purposes required by the circumstances or legislation and/or for marketing and analysis. No personal data are passed on or sold to third parties without prior consent.
ARTICLE 9 – COOKIES
The anonymous data recorded via cookies are sent to a Google server in the USA, where they are saved. Google and Facebook/Atlas may – if necessary – pass these data on to third parties, provided there is a legal requirement to do so or that said third parties are processing these data on behalf of Google.
By using this website, the Customer consents to the use of the data as described and for the purposes stated above. Cookies can be removed or deactivated in your browser at any time. Removing cookies may affect the availability of certain functions.
ARTICLE 10 – DATA SECURITY
Data are sent or transferred over the internet at your own risk.
In the case of orders on a page of the website that allows online payment, the online data you send us are protected by means of a Secure Socket Layer (=SSL).
In spite of all the technical measures implemented by Pathé Switzerland, it is still possible that data may be lost, intercepted or manipulated by unauthorised third parties. As a user, you are responsible for taking appropriate measures in terms of security.
ARTICLE 11 – RIGHT OF ACCESS AND CORRECTION
You may contact us at any time to find out what personal data we hold on you in our files, or to correct any data which, despite our best efforts and regular updates, may be incorrect.
ARTICLE 12 – SECURITY AND CONFIDENTIALITY OF INFORMATION
The Site complies with the rules in effect in Switzerland regarding the confidentiality of users’ personal data.
Security of payments:
With regard to payments made by bank card, the Site uses the latest technologies and has been granted SSL-type certification authenticated by a legally recognised body. The data used (card number, expiry date and security code) are transmitted in an encrypted form to an accredited software program (DATATRANS) which communicates with the banks used by Pathé Switzerland group companies.
Retention of payment data:
Payment data will be retained for a maximum of thirteen (13) months following the actual payment for the purpose of any ticket refunds, order cancellations and/or complaints from the Customer.
Bank card data may be retained subject to the Customer’s express consent.
Bank card security codes are never stored.
ARTICLE 13 – APPLICABLE LAW – DISPUTES
These General Terms and Conditions of Sale are subject to Swiss law.
Any complaint or dispute arising from the interpretation or performance of these General Terms and Conditions of Sale will be referred to the competent courts under the ordinary law.