Terms and Conditions (TOC)

1. GENERAL

1.1. These general terms and conditions of sale, the regulations attached thereto and the order form/offer order govern the entire contractual relationship between the parties, excluding the Customer's terms and conditions. By signing the order form/offer, the Customer unreservedly accepts these general terms and conditions of sale, the attached regulations and the conditions set out in the order form/offer. Only companies, associations or other legal entities can be customers under these general terms and conditions of sale.

1.2. Kinepolis offers are valid for the period specified in the offer. Unless otherwise specified, the offer is valid for a period of 10 working days from the date of the offer.

1.3. Kinepolis is only obliged to deliver the goods and/or services ordered after receipt of the order form/offer duly signed by the Customer within the validity period of the offer. The clauses of the order form/offer drawn up by Kinepolis and signed by the Customer take precedence over these general terms and conditions of sale and those of the offer.

1.4. Unless otherwise agreed in writing, delivery times are given for information purposes only. A delay in delivery shall in no case give rise to penalties, compensation or termination of the agreement, except in the event of intentional fault on the part of Kinepolis.

1.5. The Customer agrees that Kinepolis may invoice orders electronically by sending the invoice in PDF format, with the date of dispatch serving as the invoice date. Kinepolis' log file constitutes proof of dispatch. Payments may be made by cheque (except for tickets/cards) or by bank transfer. For payments by bank transfer, the Customer will find the bank details on the invoices issued by Kinepolis and from their sales representative. For all payments, the Customer must indicate the Kinepolis cinema concerned by the payment, the customer number as shown on the invoice and the number of the invoice being paid.

1.6. Payment terms. All invoices must be paid within thirty (30) days of the invoice date. Tickets, cinema cards and all products described in Chapter 3 must be paid for in full before Kinepolis will dispatch the products ordered. In the case of the purchase of a product described in Chapter 2, Kinepolis has the right to request a deposit, specified in the offer/order form, which must in any case be paid in full before the event takes place, unless otherwise stipulated in the offer.

In the absence of a written and substantiated objection within thirty (30) days of the invoice date, the invoices shall be deemed to have been accepted. The Customer shall in any event pay the undisputed part of the invoice.

In the absence of payment of an invoice within the prescribed time limits, Kinepolis shall be entitled, automatically and without prior notice, from the due date until full payment, to interest on arrears of 10% per annum, as well as a fixed compensation of 10% of the unpaid amount of the invoice, with a minimum of EUR 125, without prejudice to the right to claim the existence of greater damages and losses, including, among other things, the costs of proceedings and fees paid to a solicitor. Kinepolis also reserves the right, in the event of late payment, to demand immediate and full payment of all amounts owed by the Customer, to suspend or cancel orders or orders in progress, charging the Customer for the costs incurred by the suspension or cancellation of unexecuted orders.

1.7. Kinepolis shall only be liable to the Customer for direct damage suffered and proven, resulting from the obligations entered into by Kinepolis, to the exclusion of any other implicit or non-written obligation. Kinepolis declines all liability for any indirect damage, such as loss of reputation, clientele, customers, financial and/or commercial damage, loss of profits or turnover, loss of data and losses due to legal action taken by third parties against the Customer. To the fullest extent permitted by law, the Customer may not claim damages from Kinepolis and its affiliated companies, nor from the directors, employees and direct or indirect agents of these parties on the basis of extra-contractual liability in connection with the formation, performance or termination of this agreement. This waiver of liability also applies to directors, employees and direct or indirect agents in the event of gross negligence on their part. Kinepolis' liability shall in no event exceed the total amount invoiced and paid by the Customer for the delivery of the goods and/or services ordered. Any advertising campaign instructions given to Kinepolis are the sole responsibility of the advertiser with regard to the accuracy of the content. Any claim for compensation must be communicated in writing to Kinepolis within thirty (30) days of the date on which the damage occurred or on which the damage could reasonably have been noticed. Late claims shall not be compensated.

1.8. Kinepolis shall not be held liable for the consequences of force majeure, which may be defined as any event or circumstance beyond its reasonable control, provided that it is not the result of its fault or negligence and that Kinepolis cannot avoid or prevent the consequences. Force majeure explicitly includes strikes, lockouts, fires, floods, riots, war, pandemics and/or epidemics as a result of which cinema complexes are closed for safety reasons.

1.9. All intellectual property rights relating to the goods and/or services delivered by Kinepolis, as well as the documentation and other materials developed and/or used for the preparation or execution of the agreement between Kinepolis and the Customer or arising therefrom, remain the exclusive property of Kinepolis and/or its suppliers/distributors, without any transfer to the Customer. The Customer may not, without the prior written consent of Kinepolis, make public, make available to third parties or reproduce, in whole or in part, the products and results of the services, unless this is inherent in the intended use of the product. The Customer shall not remove or modify any signs referring to the copyright, trademarks, trade names or other intellectual property of Kinepolis and/or its suppliers/distributors.

1.10. The invalidity of any clause or part of a clause in these terms and conditions shall not affect the other clauses. The clause or part of the clause concerned shall be replaced as far as possible by a valid provision with equivalent effect.

1.11. Kinepolis reserves the right to assign all or part of the agreement with the Customer to a third party.

1.12. Either party may, after giving prior notice by registered letter to the other party which has remained without response within thirty (30) days, terminate the contractual relationship in any of the following cases: (i) the other party fails to pay invoices on time or (ii) the other party seriously breaches one of its obligations arising from the contractual relationship or the legislation in force.

1.13. Kinepolis has the right to amend these general terms and conditions for a valid reason after notifying the Customer. Valid reasons may include, but are not limited to, a change in market conditions, a change in the legal and regulatory framework, a change or improvement in the offer, a change in costs, protection against fraud, in the event of an obvious error requiring correction, or to keep our data up to date. Such notification will appear on the invoice or be attached to it or will be communicated via digital means of communication. These changes shall take effect one (1) month after the date of notification to the Customer, unless a later effective date has been set or, if the change results from a legislative or regulatory act, on the date of entry into force of that law or regulatory act. If the Customer does not accept this change, they may notify Kinepolis within fourteen (14) days of notification. The parties will then seek an acceptable solution in consultation with each other. This does not in any way constitute termination of the contract.

1.14. In the event of a dispute, only the courts with jurisdiction over the municipality of Lille shall have jurisdiction. The contract is governed by French law.

1.15. As the controller of personal data, we always process Customer data in accordance with the applicable privacy regulations. More information about the Customer's rights, what data is collected, for what purposes, on what legal basis and for how long it is stored can be found in our Privacy Policy, which the Customer can find at the bottom of our Kinepolis Business website. For example, the Customer has the right to object to certain processing operations mentioned in our Privacy Policy. The Customer also has the right to access, copy, correct, delete and transfer personal data. For more information on how the Customer can exercise these rights, please refer to the applicable Privacy Policy. This Privacy Policy forms an integral part of the contract with the Customer and the Customer is deemed to be familiar with the applicable Privacy Policy.

1.16. The Customer grants Kinepolis the right to use its name/logo and photos/videos of the event in Kinepolis promotional material, such as, but not limited to, the website, news and social media or any other medium related to Kinepolis.

1.17. The Parties declare and confirm that each clause of these Terms and Conditions is proportionate to all the other clauses, that the rights and obligations arising from the Terms and Conditions are balanced, and that the Customer has had the opportunity to negotiate the clauses and influence their content.

2. TERMS AND CONDITIONS OF SALE FOR EVENTS, SAMPLINGS AND PROMOTIONS, AND FOR THE PURCHASE OF MEDIA SUPPORTS

2.1. Following the Customer's request, an offer is drawn up by Kinepolis. Once signed by the Customer, this offer only becomes final after it has been received by Kinepolis. Kinepolis has the right to refuse orders relating to events and advertisements that contain or refer to political, religious or philosophical messages or that are contrary to the law, morality, ethical rules, public order or Kinepolis' editorial policy, or for any other reason justified by Kinepolis.

2.2. The Customer shall act at all times as a prudent and reasonable person in the performance of its contract with Kinepolis. The Customer shall not damage the honour and reputation of Kinepolis and shall respect at all times the values of Kinepolis (such as, but not limited to, sustainability/integrity, health measures, neutrality with regard to political and religious values). The Customer shall act in accordance with Kinepolis' instructions, which relate, among other things, to the operation of the cinema, the use of the rented premises or the services ordered, and safety. These instructions are mainly set out in the fire safety charter and the cinema's internal regulations. The Customer declares to have read and accepted these instructions. Kinepolis has the right to terminate the contract with the Customer at any time if the latter fails to comply with this provision, without any right to compensation. The Customer shall indemnify Kinepolis against any liability, complaint or claim related to a breach of this provision, including the costs of legal assistance.

2.3. The Customer declares that he/she has sufficient knowledge of the rented premises and undertakes to rent these premises in the condition in which they are at the start of the contract. The Customer expressly acknowledges that these premises are in perfect condition at the start, free from any damage or defects. At the end of the contract, the Customer shall ensure that the rented premises are returned in the same condition as when he/she received them.

2.4. The Customer undertakes to obtain all permits and authorisations necessary for the exercise of its activity. The purpose of the activity is indicated in the offer and the Customer may not deviate from it without the express prior written consent of Kinepolis. The Customer shall inform Kinepolis whether or not the permit/authorisation has been obtained. The Customer indemnifies Kinepolis against any liability, complaint or claim related to a breach of this provision, including the costs of legal assistance.

2.5. The Customer is fully liable for any damage caused by itself, its guests, its employees and/or other agents acting on behalf of and for the account of the Customer, to buildings, land, equipment and other goods belonging to Kinepolis or to third parties. The Customer is also fully liable for any bodily injury to its guests, Kinepolis employees and/or third parties as a result of their activities. The Customer is responsible for the transport, supervision and protection of the rented premises, as well as the equipment used or materials brought into the cinema complex, such as furniture, decoration and promotional materials and projection equipment. Kinepolis shall in no way be considered as a custodian in this respect. The Customer shall indemnify and hold Kinepolis and its insurer harmless against any claims that may be made against it in connection with the Customer's activity and against the consequences thereof, including the costs of legal assistance, in the event of theft, loss or damage, without prejudice to the Customer's rights to take action against the guests and/or third parties responsible.

2.6. The Customer must take out the necessary insurance policies covering the equipment used by the Customer and covering its civil liability, including tenant liability, arising from the organisation of the event, towards its guests, as well as towards Kinepolis, its employees and customers, for damage, theft and incidents caused by its organisation, its guests, participants and/or suppliers for a minimum amount of EUR 500.000,00 for bodily injury, material damage and immaterial damage, all included. The abovementioned minimum amount does not affect the Customer's liability for the entire damage. The Customer may be asked to provide Kinepolis with a certificate of insurance no later than three working days before the event.

2.7. Kinepolis cannot be held liable for any interruption of a network connection, electricity or other utility, nor for any damage to the Customer's facilities or those of the company it has engaged, due to a defect in the utilities.

2.8. If the event is accompanied by music or images that are not provided by (through) Kinepolis, the Customer shall be solely responsible for obtaining all copyright authorisations and for paying all copyright royalties, including fair compensation. In this regard, Kinepolis refers to the following websites: www.sacem.fr and www.spre.fr. In addition, the Customer must comply at all times with the regulations concerning the noise level of music activities. The Customer shall indemnify Kinepolis against any liability, complaint or claim relating to a breach of this provision, including the costs of legal assistance. If Kinepolis finds that copyright authorisations are missing, it has the right to cancel the event, with the provisions of Article 2.10 also applying.

2.9. In the event of sampling, product placement or animations, the Customer is responsible for the delivery, distribution, cleaning and removal of the promotional materials, failing which Kinepolis reserves the right to remove and dispose of the materials at the Customer's expense. The delivery and installation of materials and equipment shall always take place in consultation with Kinepolis.

2.10. In the event of cancellation of a booked event or an order placed more than 30 calendar days before the scheduled delivery and/or execution, cancellation fees equal to 20% of the total price will be charged. In the event of cancellation of a booked event or an order placed less than 30 calendar days before the scheduled delivery and/or execution, a cancellation fee equal to 40% of the total price will be charged. In the event of cancellation of a booked event or an order placed less than 14 calendar days before the scheduled delivery and/or execution, a cancellation fee equal to 60% of the total price will be charged. In the event of cancellation of a booked event or an order placed less than 7 calendar days before the scheduled delivery and/or execution, a cancellation fee equal to 80% of the total price will be charged. Cancellations must be notified by registered letter addressed to Kinepolis. The cancellation fees charged may be offset against the deposit paid by the customer.

3. TERMS AND CONDITIONS OF SALE FOR TICKETS & E-TICKETS (for one cinema seat) and CARDS and E-CARDS (for several cinema seats)

3.1. The Customer may order and purchase cards or tickets by creating a CSE or Pro account on the B2B ordering site accessible via www.kinepolis.biz at the prices indicated therein. The purchase is only final after Kinepolis has sent a confirmation email mentioning the products ordered.

3.2. During the ordering process, the Customer may opt for the delivery of physical cards and/or tickets by post (registered letter with acknowledgement of receipt) or for the cards and/or tickets to be made available on their account in the case of e-ticketing. The delivery costs for physical cards and/or tickets are payable by the Customer and are displayed during the ordering process.

3.3. Cards and/or tickets can be exchanged for a standard 2D cinema ticket. They are not valid for special events, such as, but not limited to, concerts, operas, etc. Supplements (such as, but not limited to, Cosy Seat, 3D, Screen X, Laser Ultra, Imax, etc.) are not included and the Customer must pay for these at the box office, online or at the ticket machine. Cards and/or tickets are valid during the period indicated and specified at the time of ordering and on the cards and/or tickets ordered, unless the Parties specifically agree otherwise, in all Kinepolis cinemas in France in operation at the time of exchange. Any ticket or card not used after the expiry date will not be exchanged, refunded or extended.

3.4. After full payment of the invoice, the products are shipped by registered post, at the Customer's risk and expense, or made available on the customer account in the case of e-ticketing.

3.5. The Customer shall comply with the terms and conditions of use relating to the products purchased, as communicated by Kinepolis on the order form or on the cards and/or tickets. The Customer must comply with the internal rules applicable in the cinema visiting. The internal rules of each cinema are available at www.kinepolis.fr.

3.6. In case of any resale, gift or distribution of the products purchased, the Customer shall communicate and impose these terms and conditions, the terms and conditions set out on the order form and the terms and conditions of use set out on the product. When distributing the products, the Customer shall also comply with the legislation in force, such as legislation relating to market practices, and shall ensure that they do not damage the good reputation and image of Kinepolis. If a personalised ticket is created after purchasing an E-ticket, the customer must submit the ticket template for validation by Kinepolis at billetterie@kinepolis.com.

3.7. Under no circumstances may the Customer grant more rights than those it has itself: he/she may not give the impression that a ticket or card entitles the holder to attend a specific screening. Unless prior written authorisation has been obtained from Kinepolis and/or the film producer or distributor, the Customer shall also refrain from launching promotional campaigns that give the impression that they are organised in collaboration with Kinepolis or with the film distributor or producer.

3.8. Kinepolis cannot be held liable for any damage incurred as a result of a change in the legislation regarding tax deductibility of the products ordered.

Operational and Safety Instructions

• Each partner or participant must report their arrival and departure at reception.
• Please familiarise yourself with and strictly adhere to the emergency procedures.
• Parking is prohibited on the fire lane.
• Vehicles may only be unloaded at the locations specified to you.
• Vehicles must be able to be moved quickly if necessary.
• Light vehicles must be parked in one of the Kinepolis car parks.
• Lorries may only be parked opposite the ATRIUM emergency exits and not in front of them (at the rear of the complex).
• Please ensure that you do not obstruct the clearances and emergency exits.
• All equipment entering the complex must comply with safety standards, as validated by Procès-Verbal (classification of materials according to their flammability and reaction to fire).
• Electrical installations must comply with current regulations (D. of 14/11/88) and cable passages must be protected.
• Any introduction of fuels must be subject to prior authorisation and approved by the head of the establishment.
• Any use of naked flames (candles) must also be subject to written authorisation.
• Any item placed at height or suspended must be securely and permanently fixed.
• All furniture and decorative items (e.g. partitions, furniture, tables, etc.) must be installed in a stable manner so as not to pose a potential hazard, particularly during an evacuation.
• Use of the goods lift is subject to authorisation.
• Door closers must not be disconnected, even temporarily. Door wedges may be tolerated provided they are removed as soon as the operation is completed (unloading).
• An inventory will be carried out before and after the event. Any damage will be charged to the contractor.
• Smoking is prohibited.
• The contractor is responsible for waste disposal.

INTERNAL RULES

All persons present on the Kinepolis site (in the broadest sense, including the complex, car park and infrastructure) are required to comply with the following internal regulations ("these Regulations"). By accessing the Kinepolis site, you automatically agree to accept the provisions these Rules without reservation.

1. Animals are not allowed in the complex, with the exception of guard dogs for security reasons and guide dogs for the blind, provided they are kept on a leash.
2. It is strictly forbidden to use cameras, video cameras or other devices that may interfere with the viewing or hearing of the film, including lasers, in the screening rooms. It is also strictly forbidden to enter the complex with objects that could be used as projectiles, constitute a weapon or other objects that could interfere with the smooth running of the activity or endanger the safety of the public and property. All bulky items must be deposited at the cloakroom located at the reception desk before the screening and collected afterwards (except for handbags).
3. Visitors are not permitted to use mobile phones in the auditoriums. Management kindly requests that visitors switch off their mobile phones before entering the auditorium.
4. Kinepolis management accepts no responsibility for theft, loss or damage of any kind to personal belongings (including vehicles and items left in the cloakroom) on the entire Kinepolis site.
5. All visitors must claim any discounts before purchasing their tickets. If they fail to do so, the discount cannot be applied.
6. Management reserves the right to have any vehicle removed that has been parked in the car park for more than 24 hours, does not comply with parking rules and/or obstructs access for emergency vehicles. Any vehicle removed will be immediately charged to the offender.
7. No tickets or cards / passes will be accepted after their expiry date. Tickets and cards/passes cannot be returned or exchanged.
8. Visitors under the age of 16 and under the age of 12 will not be admitted to films rated "No Children Admitted" (ENA -16 and ENA -12), even if the children are accompanied by their parents. Kinepolis management is obliged to ensure compliance with these provisions. Only an official document bearing a photograph and proving the visitor's age will be accepted. Furthermore, visitors under the age of 18 are the sole responsibility of their parents.
9. Every visitor beyond the security checkpoint must be in possession of a valid cinema ticket and must keep this ticket until leaving the complex. The ticket is only valid for the film, theatre and screening mentioned on the ticket. Kinepolis management reserves the right to check tickets at any time in the auditorium or in areas beyond the checkpoint. Consequently, anyone who is unable to present a valid cinema ticket during a routine check by a member of Kinepolis staff will be asked to leave the complex.
10. Kinepolis management reserves the right to change the program advertised in newspapers, leaflets or other IT services. Ticket sales close 15 minutes after the start of the film. No discount will be given if a visitor misses the start of the screening. The checkpoints close 20 minutes after the start of the films. Visitors are therefore requested to arrive in good time to obtain their tickets and access the theatres.
11. Visitors are strictly prohibited from passing through the checkpoint with food from outside Kinepolis. This food must be left at reception and will be returned after the screening.
12. Smoking is strictly prohibited throughout the complex, including electronic cigarettes.
13. Kinepolis management reserves the right to refuse entry to visitors or to eject visitors who are intoxicated, who behave violently towards staff or customers, or whose behaviour are likely to disturb other visitors, who are under the influence of substances that affect their moral or physical behaviour in a way that disturbs other visitors and/or the smooth running of the complex, or visitors who, in general, do not comply with these Rules and Regulations and/or the instructions of the staff responsible for their enforcement.
14. Any damage to the interior or exterior of the Kinepolis site is strictly prohibited. Kinepolis may hold any person who causes damage liable and claim compensation for the full amount of the damage, including legal costs.
15. 4DX technology is subject to general provisions and specific safety instructions.
16. A copy of these Rules and Regulations can be obtained from the Kinepolis website (www.kinepolis.com) or on request from Kinepolis management. All requests or complaints must be sent in writing, specifying the cinema, to:

KINEPOLIS FRANCE Management
1 Rue du château d'Isenghien
59461 LOMME