Event Policy

UCD CINEMA TERMS AND CONDITIONS FOR PRIVATE HIRE OF CINEMA FOR EVENTS

 

1) Definitions

 

The following words have the following meanings:

 

Affiliate: any subsidiary or holding company of University College Dublin, or any subsidiary of a holding company of University College Dublin;

Associate: an employee, agent and/or sub-contractor;

Booking: means the online order that you make via the Platform to hire a Cinema for the Event, and includes any Concessions and ancillary services which you may order from UCD Cinema;

Cinema: the cinema operated by UCD Cinema at which the Event will take place or any part of it;

Concessions: means the food and beverage and related products offered for sale by UCD Cinema on the Platform, for consumption at the Event;

Contract: an agreement between UCD Cinema and you for the hire of a cinema auditorium and/or other part of a cinema together with any Concessions and/or ancillary services, which is formed as set out at clause 2 below;

Coronavirus: means the disease known as coronavirus disease (COVID-19), the virus known as severe acute respiratory syndrome

coronavirus 2 (SARS-CoV-2) and any other epidemic or pandemic;

Event: the event for which you have hired a cinema auditorium and/or other part of a cinema to host a personal gathering of friends and family, or for a corporate/private booking.

Force Majeure Event: any circumstance outside a party’s reasonable control, including acts of God, flood, earthquake or other natural disaster, terrorist attack, war, nuclear, chemical or biological contamination, collapse of buildings, fire, explosion or accident, but not including Coronavirus;.

Guest: a person invited by you to attend the Event;

UCD Cinema: UCD Campus Sport and Leisure Limited (No. 512243), with a registered office at UCD Student Centre, UCD Belfield, Dublin 4, Ireland.

Platform: any third party platform authorised by UCD Cinema, through which you make a Booking;

Price: the total amount payable to UCD Cinema for the Booking; and

You/Your: means the person in whose name the booking is made, who is a party to the Contract. 

 

2) Booking procedure

a) Your online Booking for the Event is an offer to purchase. If your Booking is accepted, UCD Cinema, will send you a confirmation of your Booking, and a Contract will be formed at that point, which shall be subject to these terms and conditions.

b) If an online pricing error occurs, and the error could reasonably be recognised by you as an error, UCD Cinema is not obliged to supply at the incorrect price, even after the confirmation page has been displayed and the confirmation email has been sent to you.

c) Price and availability information is subject to change without notice.

d) All prices include VAT.

e) All Bookings are accepted subject to these terms and conditions, to the exclusion of any other terms and conditions which you may purport to apply.

 

3) Payment / VAT

a) You shall pay the Price including any VAT immediately upon making the Booking, via Windcave, which shall act as UCD Cinema’s agent in processing your Booking.

b) Payment must be made in Euros (€) and must be made in full without set-off or deduction.

 

4) Cancellations by You/UCD Cinema

a) Should you cancel more than seven (7) days in advance of the Event then 100% of the Price (including VAT) paid shall be refunded to you via the Platform;

b) Should You cancel less than seven (7) days before the Event then no refund will be provided to you.

c) Subject to clause 16 (Force majeure) and 17 (Coronavirus), should UCD Cinema cancel the Booking at any time and on any notice, then UCD Cinema will refund 100% of the Price (including VAT) paid to you.

UCD Cinema will try to re-accomodate bookings to other dates but this is not always possible and is subject to availability. 

 

5) Responsibility for Event 

a) You agree that the Event is a private event for your friends and family, and you will not sell or re-sell tickets in relation to the Event.

b) You agree that the number of Guests must not exceed the total number of Guests stated in the Booking Form, without the prior written agreement of UCD Cinema. UCD Cinema reserves the right to exclude any Guests where the maximum number of Guests has been reached. You acknowledge that if UCD Cinema agrees to allow additional Guests (over and above the number stated in the Contract) to the Event, you will be charged for each additional Guest, and you agree to pay for such additional charges prior to admission of such Guests to the Event.

c) You must be present at the Event or appoint a suitable representative to take responsibility before, during and after the Event.

d) You shall remain responsible and liable at all times under the Contract irrespective of whether you attended at the Event or not.

e) You shall not (and shall ensure that your Guests shall not) use the Cinema for any purpose other than that agreed in advance with UCD Cinema.

 

6) Times of Event

a) You shall ensure that the Event starts and finishes on the date and at the times agreed with UCD Cinema, or as notified to you by UCD Cinema either directly or through the Platform. Any alteration to these dates and/or times must be agreed in advance with UCD Cinema and may incur additional charges.

b) You must ensure that entertainment stops prior to the actual Event finish time, so as to ensure adequate time for the Guests to consume any Concessions and any additional food and beverage purchased in the Cinema, and for you and your Guests to make an orderly exit from the Cinema by the finish time. We reserve the right to charge you for any additional time if you stay past the Event finish time.

c) If the Event is due to take place outside the normal opening hours of the Cinema, or the Event overruns beyond the normal opening hours, UCD Cinema shall provide such extra staff cover as is necessary and shall charge for any extra costs incurred which are in excess of the requirements agreed in the Contract.

7) Access to Cinema

a) Any access before the Event by you or your Guests to the Cinema must be agreed in advance with UCD Cinema’s authorised representative.

b) UCD Cinema may refuse admission to any person at its reasonable discretion.

c) No persons shall be admitted to non-public areas of the Cinema unless authorised by UCD Cinema’s authorised representative in advance.

d) UCD Cinema’s staff shall at all times have complete access to all parts of the Cinema. Where access to the Event is required the UCD Cinema staff will use reasonable endeavours to minimise any disruption to the Event. UCD Cinema will ensure that all staff are appropriately trained.

e) The number of persons in the Cinema shall at no time exceed the number fixed by the licensing or other public authority for the Cinema.

f) If requested by a licensing authority, you will provide the names of the guests at the Event.

 

8) Food and Beverages / Merchandising

a) No hot food may be brought into or consumed at the Cinema. Guests are allowed to bring snacks such as popcorn and jellies. You agree that UCD Cinema shall not be liable for any food and/or beverage supplied by you or a third party supplier.

b) UCD Cinema’s standard food and beverage services will be opened and closed at the normal times unless UCD Cinema agrees otherwise. On occasions, UCD Cinema may shut Cinemas, screens, or food and drink facilities temporarily for reasonable periods of time to carry out maintenance, repairs, refurbishment or cleaning, or where required by law, or for other reasons outside of our control. UCD Cinema will endeavour to reopen the affected facilities as soon as is reasonably possible in these circumstances.

d) UCD Cinema shall charge for any catering services provided especially for the Event which are in excess of the requirements agreed, and this includes the opening or closing of food and/or beverage facilities outside of normal times.

e) Unless otherwise agreed in writing, consumption of alcohol is strictly prohibited as UCD Cinema is not a licensed premises. If UCD Cinema agrees to apply for a special alcohol licence for the Event, UCD Cinema cannot guarantee the success of such application. UCD Cinema shall charge for the cost of such application, and this charge is payable whether or not successful. You shall comply with all conditions of the relevant licence terms (as notified to it by UCD Cinema) at all times.

f) No merchandise may be sold or given away at the Event without UCD Cinema’s prior consent. UCD Cinema reserves the right to charge for any merchandising activity at the Event, usually by charging a percentage of the revenue received for the sale of merchandise.

g) If UCD Cinema has given prior consent, you shall ensure that any merchandising materials are of satisfactory quality, without risk to health or property, and do not infringe any third party intellectual property rights.

 

9) Condition of Premises / Affixing of Signage / Cleaning

a) The condition of the Cinema shall be checked by UCD Cinema prior to the Event. UCD Cinema recommends that you (or your representative) accompany UCD Cinema’s Cinema manager during such inspection. UCD Cinema shall ensure that the Cinema is clean and in a satisfactory condition when the Event takes place.

b) No change may be made to the Cinema by you (or your Guests) without UCD Cinema’s prior consent. No signs or other items may be placed on or affixed to any part of the Cinema without UCD Cinema’s prior consent. Where directional signposts are provided within the Cinema these should be used.

c) If any changes to the Cinema are made, you shall be responsible for the cost of restoring the Cinema to its original condition without delay at the end of the Event.

d) UCD Cinema reserves the right to levy a cleaning charge where exceptional cleaning is required after the Event.

 

10) Health and Safety / Equipment

a) You shall comply with all UCD Cinema health and safety, fire, security and other regulations and/or procedures applicable to the Cinema, and are responsible for ensuring that your Guests also comply with such procedures. 

b) UCD Cinema equipment may only be operated by UCD Cinema staff. You shall ensure that you and your Guests do not attempt to operate or repair UCD Cinema equipment. UCD Cinema shall make a charge for the cost of provision of UCD Cinema equipment and any necessary projectionists or other technical staff.

c) Use by you or your Guests of equipment, which has not been provided by UCD Cinema, is subject to UCD Cinema’s prior consent. You shall ensure that such equipment is (i) safe, (ii) PAT tested (where applicable), (iii) without risk to health or property when properly used, and

(iv) compliant with all applicable laws and legislation. You shall provide appropriate risk assessments for such equipment for UCD Cinema’s approval prior to the Event taking place. You shall also ensure that such equipment is operated by appropriately experienced and qualified personnel. Unless otherwise agreed, use of non-UCD Cinema equipment must be supervised by UCD Cinema staff and UCD Cinema may charge for this. You agree that you remain liable for all equipment that you bring into the Cinema for the Event, including liability arising from the use of such equipment, even where you have received UCD Cinema’s consent to use such equipment. 

 

11) Behaviour of Guests / Security

a) You are responsible for the good behaviour of yourself and your Guests while you and your Guests are in the Cinema.

b) You are responsible for ensuring that you and your Guests remain seated while in the Cinema auditorium.

c) If you or your Guests misbehave and/or undertake illegal activities, UCD Cinema reserves the right, acting reasonably, to require the relevant individuals to leave the Cinema and/or to terminate the Event. Should this occur no monies will be refunded.

d) UCD Cinema reserves the right to charge you for extra security staff where the Event takes place outside the Cinema’s normal opening hours and/or where UCD Cinema considers that the nature of the Event necessitates extra security.

e) UCD Cinema are required by law to refuse admission to a film performance to anyone who in the opinion of the Cinema manager is below or appears to be below the minimum age required by the relevant classification of the Irish Film Classification Office (IFCO) or local authority. Proof of age may be required by us. It is your responsibility to ensure that your Guests are of the appropriate age in relation to the classification of the film that you have chosen to be screened at the Event.

f) Children unaccompanied by an adult may not be admitted after certain times depending upon local licensing conditions.

g) UCD Cinema reserves the right to refuse admission to you or your Guests, or to require you or your Guests to leave the premises (without providing a refund):-

• where there might be a risk to the safety of others if we do not;
• if you or your Guests appear to be intoxicated and/or are behaving in an antisocial way. Please note that CCTV is in operation for the purposes of crime prevention and public safety;
• if you or your Guests are smoking on the premises, including the use of e-cigarettes or vapes;
• if you or your Guests bring cameras or recording equipment into the auditoria (and we reserve the right to carry out random bag checks); or
• if you or your Guests’ behaviour is considered by the Cinema Duty Manager (at their sole discretion) to be anti-social or disruptive.

h) It is an offence to make a recording of a film for sale or to distribute or communicate a recording to the public in the course of business and to the prejudice of the copyright owner. Anyone making such a recording may be arrested and prosecuted.

 

12) Content of Event

a) Where the Event includes content provided by you for which a rating is required, you shall ensure (at your own cost) that the content is rated at least 14 days before the Event and the rating is appropriate for the audience. Prior to the Event, you must provide to UCD Cinema proof of such rating in the form of a written confirmation from IFCO or on the IFCO website. Where content is unrated, Club Rules will apply, requiring that all guests sign in and are over the age of eighteen (18) at the time of the Event.

b) Where you are providing content for the Event, you grant to UCD Cinema a non-exclusive licence to exhibit the content at the Cinema(s) on the Event dates. You warrant and represent that you have all necessary rights to grant the licences contained herein and shall provide proof of the same upon request.

c) You warrant that the content provided by you for the Event does not breach the intellectual property rights of any third party.

d) Notwithstanding any rating obtained, you shall ensure that the content provided by you for the Event and/or the display/use of such content:

i) is not defamatory;

ii) does not contain any political or religious content (unless previously approved by UCD Cinema);

iii) does not contain any material which would be offensive to a typical UCD Cinema customer;

iv) does not contain any material which might incite an audience to disorderly behaviour or to leave their seats;

v) does not contain any pornographic material;

vi) does not contain any advertisements or sponsorship messages (unless previously approved by UCD Cinema);

vii) does not breach the intellectual property rights of any third party; and

viii) is not illegal or otherwise prohibited by law.

e) If UCD Cinema reasonably objects to any part of the Event on grounds of a breach of clause 12(a) and/or (d), you shall immediately change the Event as directed by UCD Cinema.

f) Neither party shall arrange or permit the photographing, recording or broadcasting (whether acoustic or visual) of the Event and (where applicable) the Cinema without the other’s prior written consent.

g) You shall indemnify, keep indemnified and hold harmless University College Dublin, and its subsidiaries, including, but not limited to, UCD Campus Sport and Leisure Ltd and UCD Cinema, against all liabilities, losses, damages, costs, claims, expenses and interest suffered or incurred by UCD Cinema as a result of any breach of clause 12 (b) and/or (c) by you.

 

13) Amendment and Cancellation

a) Should UCD Cinema, for reasons beyond its reasonable control or for operational reasons, need to make any amendments to the Booking, UCD Cinema reserves the right to offer an alternative time or date.

b) UCD Cinema may terminate the Contract on giving written notice to the you if:

i) you commit a material breach of any of the terms and conditions of the Contract which is incapable of remedy, or if capable of remedy has not been remedied within 2 days of a notice requiring remedy;

ii) you commit a breach of Condition 12(a);

iii) UCD Cinema has not received payment of the Price or any part whatsoever of it from you, or if the payment of the Price is withdrawn by your bank as a result of a chargeback request or similar;

iv) UCD Cinema becomes aware that the Event might, in its opinion, prejudice the reputation or goodwill of UCD Cinema;

v) UCD Cinema considers that the Event may constitute a risk to the health and safety of UCD Cinema’s customers, employees and/or subcontractors;

vi) the Event is illegal or objected to by any licensing or other public body, UCD Cinema is threatened with legal proceedings in respect of the Event, or the Cinema is forced to close by order of the licensing or other public body;

vii) the Cinema or the relevant part of the Cinema is severely damaged due to fire or flood, or undergoes emergency repairs;

viii) UCD Cinema gives written notice of cancellation for convenience at any time (and in such case UCD Cinema will refund the Price to

you); and/or

ix) you fail to comply with any of its obligations under this Contract in relation to Coronavirus.

c) Either party may terminate this Contract if the Cinema is forced to close, or the Event is unable to take place, due to Coronavirus restrictions imposed by the Government, local authority or other public body. The consequences of such termination are set out at clause 18 (Coronavirus) below.

d) The termination of this Contract (for whatever reason) is without prejudice to the rights, duties and liabilities of either party accrued at or prior to termination, and any conditions in this Contract which expressly or impliedly have effect after termination will continue to be enforceable.

 

14) Indemnity

a) You shall fully indemnify and keep indemnified UCD Cinema and its owners and subsidiaries against:

i) any loss of or damage to UCD Cinema’s property (including, without limiting the foregoing, the Cinema and its contents) which arises out of or in connection with the breach of the terms of the Contract by you, or any act or omission by you or your Guests; and

ii) any claim made against UCD Cinema in respect of any liability, loss, damage, injury, cost or expense sustained by UCD Cinema´s employees, agents, or by any customer or third party (including your Guests) to the extent that such liability, loss, damage, injury, cost or expense arises out or in connection with the breach of the terms of the Contract by you, or any act or omission of you or your Guests.

b) You shall ensure that any loss of or damage to UCD Cinema’s property of which you are aware is immediately notified to UCD Cinema.

 

15) Limitations on Liability (Please note)

a) Nothing in these terms and conditions shall operate to exclude or limit any liability for: (i) fraudulent misrepresentation, (ii) death or personal injury caused by negligence, (iii) breach of the obligations arising under breach of the obligations arising under s12 of the Sale of Goods Acts 1893 and 1980; or (iv) any liability which cannot be excluded or limited by law.

b) Save as expressly set out in this Contract, all warranties, conditions and other terms implied by (i) statute, (ii) common law, or (iii) otherwise are excluded from the Contract to the fullest extent permitted by law.

c) UCD Cinema’s total liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising under or in connection with the Contract shall be limited to the Price.

d) UCD Cinema shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising under or in connection with this Contract, for (i) any damage to your reputation, (ii) for any loss resulting from any claim made by any third party, or

(iii) for any special, indirect or consequential loss or damage.

e) UCD Cinema does not accept responsibility for loss of or damage to property belonging to you or your Guests. Any items stored at the Cinema are deposited or stored at the owner’s risk and without any obligation on the part of UCD Cinema.

f) Without limit to the generality of clause 15 (e), UCD Cinema does not accept responsibility for loss of or damage to media provided by you for use in UCD Cinema equipment, such as films for projection. You shall ensure that such media are not unique and can be duplicated if

necessary.

g) UCD Cinema shall not accept responsibility for any technical compatibility issues between your equipment and UCD Cinema’s equipment. UCD Cinema does not recommend the use of Apple products due to compatibility issues, and issues that arise from the use of Apple products or products where an adapter is required to ensure compatibility will not be the responsibility of UCD Cinema, and no refund will be given in the case where the Event must be cancelled as a direct result of this. 

 

16) Force Majeure

Neither party shall be liable to the other in any manner or be deemed to be in breach of the Contract because of any failure or delay in performing any of its obligations under the Contract due to a Force Majeure Event.

 

17) Coronavirus

a) If Coronavirus materially impacts the Contract, the following measures shall apply:

 

One Off Event

Circumstance: Either party wishes to terminate the Contract where the Cinema is unable to open for the Event due to restrictions imposed by the Government, local authority or other public body

Consequence: UCD Cinema will provide at its option (i) an alternative date or venue of a similar nature and size; (ii) a credit note which can be used against another Event; or (iii) a refund (if you have already paid all or some of the Price).

 

Any type of Event

Circumstance: Social distancing measures are introduced by the Government, local authority or other public body which impact on the capacity for the Event

Consequence: The parties will work together to find a mutually acceptable solution

 

Any type of Event

Circumstance: Any other circumstance

Consequence: The parties will work together to find a mutually acceptable solution, which may include alternative dates or venues and/or a credit note to be used against future Events

 

b) Save as set out above, UCD Cinema will not be liable in any manner or be deemed to be in breach of the Contract because of any failure or delay in performing any of its obligations under the Contract due to Coronavirus.

 

18) General

a) The Contract does not create the relationship of landlord and tenant between the parties and you are a mere licensee of UCD Cinema.

b) You may not assign or transfer the Contract without UCD Cinema’s prior written consent. UCD Cinema may assign the Contract or any part of it to any person, firm or company on giving written notice to you.

c) The Contract is not intended to benefit, or be enforceable by, any third party.

d) Nothing in this Contract shall be deemed to constitute a partnership between the parties.

e) Any failure by either party to exercise or delay in exercising any right or remedy shall not constitute a waiver of that or any other right or remedy.

f) Variations to the Contract will only be effective if agreed in writing between the parties.

g) The Contract is governed by Irish law and the parties submit to the jurisdiction of the Irish courts.