1. Introduction to these Terms and Conditions
1.1 The following terms (the “Terms”) apply to any use by a visitor (the “User”) of the Underground Cinema (the “Web Site”) and should be read carefully before any such use.
1.2 By accessing or using the Web Site, the User accepts and agrees to be legally bound by the Terms and acknowledges that Underground Cinema, as the owner and operator of the Web Site, has the right to amend or vary the Terms and any of the contents of the Web Site from time to time at its sole discretion. Amendments or variations will take effect when they are posted on the Web Site and, as a result, the User should check the current version of the Terms each time he/she uses the Web Site. The Terms, as amended or varied from time to time, apply to all use of and access to the Web Site, both now and in the future.
1.3 Separate terms and conditions may apply for any purchases made through the Web Site. If so, such separate terms and conditions will be presented at the time of such purchases.
2. Indemnity Obligation
2.1 THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS UNDERGROUND CINEMA AND ITS AFFILIATES AND SUBSIDIARIES (TOGETHER WITH THE UNDERGROUND SHORT FILM FESTIVAL”), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND ANY OF ITS THIRD PARTY INFORMATION PROVIDERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, HOWEVER ARISING RESULTING FROM ANY VIOLATION OR BREACH OF THE TERMS BY THE USER.
3. General Disclaimer
3.1 Although Underground Cinema has attempted to provide accurate information on the Web Site, Underground Cinema assumes no responsibility for the accuracy or completeness of such information. The User releases Underground Cinema, and all of their officers, directors,agents and employees, from any liability, for any claims, losses or damages arising out of or in any way connected with the User’s use of the Web Site.
3.2 To the fullest extent permitted by law, Underground Cinema shall not be liable to any person or entity for any direct, indirect, special, consequential or incidental damages, including (without limitation) lost profits or revenues, loss of opportunity, costs of replacement goods or services, loss or damage to data or business interruption, arising out of or related to:
(a) any access to or use of or inability to access or use the Web Site, any other hyperlinked web site or any other information or product included or described within the Web Site; or
(b) any person or entity’s reliance on the information presented, in each case whether arising in tort (including negligence), contract or otherwise even if the User has advised Underground Cinema of the possibility of such damages.
3.3 All information and content provided on the Web Site is provided “as is” without representation or warranty of any kind, either expressed or implied. Without limiting the foregoing, Underground Cinema does not represent or warrant that the Web Site or any of its contents are accurate, current, complete, free from technical or typographical errors, free from changes or harmful components introduced by third parties or free from periodic interruption or errors of any other type. Underground Cinema may revise the information or change the products or services mentioned on the Web Site at any time without notice. Any mention of non-Underground Cinema products or services is for information purposes only and constitutes neither an endorsement nor a recommendation of them. Neither Underground Cinema, nor their suppliers, make any representation or gives any warranty, condition or undertaking, expressed or implied, including (without limitation) as to the suitability or non-infringement of any third party right or freedom from viruses, whether or not arising from a course of dealing, usage or trade practice.
3.4 Notwithstanding any other provision in the Terms, nothing within the Terms limits or restricts any person’s liability for death or personal injury resulting from its negligence or that of its employees or agents.
3.5 The Terms and the User’s use of the Web Site are governed by Irish law. The User agrees that the Irish courts shall have non-exclusive jurisdiction to resolve any disputes arising out of or in connection with the User’s use of the Web Site
3.6 Underground Cinema makes no representation that the content or materials on the Web Site are appropriate or available for use in other jurisdictions. Access to the Web Site’s content or its materials from jurisdictions where such access is illegal is prohibited. Users who choose to access the Web Site from other jurisdictions do so at their own initiative and risk and are responsible for compliance with all relevant local laws. Underground Cinema is not responsible for any violations of law as a result of the User’s actions.
4.Trade marks and other such rights
4.1 The trade marks and logos (“Marks”) displayed on the Web Site are the property of Underground Cinema or other third parties. The User is not permitted to use these Marks without the prior written consent of Underground Cinema or the relevant third party proprietor of the Marks, and the User acknowledges that any such use may constitute an infringement of the relevant proprietor’s rights.
4.2 The User acknowledges that all intellectual property rights in all materials on the Web Site remain the property of Underground Cinema or the relevant third party proprietor, licensor or other content owner. Except as expressly permitted herein, no portion of the information on the Web Site may be reproduced in any form, or by any means, without prior written permission from Underground Cinema
5. Links to third party web sites
5.1 The Web Site contains links to third party web sites. Access to any other web site through a link on the Web Site is at the User’s own risk and Underground Cinema is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites or the security of any link or communication with those sites.
5.2 Underground Cinema reserves the right to terminate a link to a third party site at any time.
5.3 The provision of a link to a third party web site through the Web Site does not mean that Underground Cinema endorses, authorises or sponsors that web site nor does it mean that Underground Cinema is affiliated with the third party web site’s owners or sponsors. Underground Cinema provides these links merely as a convenience for the User.
6. Online ticket purchase
6.1 The following terms apply if the User uses a credit/debit card to purchase tickets through the Web Site.
6.2 Cinema tickets are sold by Underground Cinema at standard prices for the relevant performance. By requesting tickets through the Web Site, the User is placing a booking request for tickets on the Terms that is only deemed accepted by and binding on Underground Cinema once it has processed valid payment and sent the User email confirmation of the User’s booking.
6.3 A remote payment fee of €1.00 will be payable by the User to Underground Cinema in relation to each cinema ticket purchased from Underground Cinema, up to a maximum of €2.00 per transaction. This remote payment fee is in consideration of Underground Cinema processing remote card payments and transferring the User’s payment for tickets to Underground Cinema. By confirming its booking, the User agrees to pay this remote payment fee to Underground Cinema, in addition to the price payable to Underground Cinema for tickets.
6.4 The email confirmation of a booking will set out the details of the cinema tickets purchased and the total amounts paid to Underground Cinema. Once this confirmation has been sent, the ticket price and remote payment fee are non-refundable. Underground Cinema are not responsible in the event that the User selects the wrong film when booking tickets via the Web Site, or if the User is excluded from viewing the film under condition 6.10.
6.5 The User must print off a copy of their e-ticket and present it at the Drive In check-in. Underground Cinema will refuse entry to and User who fails to produce an e-ticket
6.6 To make any payment by credit/debit card, the User must provide the cardholder’s name and email address, the card number, the card security code, the card expiry date and (where applicable) the card start date and/or issue number.
6.7 Transactions will appear on the cardholder’s bank or card statement as a payment to “Underground Cinema”.
6.8 For all concessions/student tickets, the User must bring proof of entitlement to the Drive In Checkin as this may be required upon entry to the film or collection of tickets (where applicable).
6.9 Underground Cinema will endeavour to operate its cinemas in accordance with its advertised programme. However, there will be instances when its ability to show a performance is impaired by circumstances beyond its control. In such situations, Underground Cinema reserves the right to cancel a performance, vary the time it shows it or provide customers with an alternative performance. If Underground Cinema does have to cancel a performance, Underground Cinema shall only refund the admission price and any handling fee paid for the relevant tickets, and no other costs.
6.10 Underground Cinema draws the User’s attention to the conditions of the Irish Film Classification Office certificate for the film being shown and is obliged to and will refuse admission to any person who, in the opinion of an authorised Underground Cinema employee or representative, is under the minimum age required for admittance. Underground Cinema reserve the right to request any individual to provide proof of age and to exclude any such individual from any performance if they appear too young and/or cannot prove they are at least minimum age for admittance. In order for children under the age of 12 to be admitted after 7.00pm they must be accompanied by a parent or guardian.
6.13 Use of the tickets will be subject to the terms and conditions set out in the Underground Cinema’s Entry Policy, which forms part of the Terms.
6.14 All transaction details, including credit card details, are encrypted using Secure Sockets Layer. Further, Underground Cinema seeks to ensure that bank details are never transmitted in clear text through the Underground Cinema booking system.
7. Web site security
7.1 The User agrees not to corrupt (or attempt to corrupt) any data or to circumvent (or attempt to circumvent) any of the security safeguards of Underground Cinema or any of its suppliers.
7.2 The User acknowledges that the Internet is not entirely secure and whilst Underground Cinema will take all reasonable steps to safeguard the security of any credit card information the User imparts through encryption methods, Underground Cinema shall not be liable for any damage that the User may suffer as a result of the loss of confidentiality of any such information.
8.2 By purchasing a ticket you accept to be signed up for our newsletter.
8.3 Winners of our competition's who provide their email address or mobile number will also be added to our mailing and/or texting list.
9.1 The failure of Underground Cinema to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right.
9.2 Underground Cinema may assign or transfer the benefit of its rights and obligations under the Terms to any party at any time without notice to the User. The User may not assign or transfer his/her rights or obligations under the Terms without Underground Cinema’s prior written consent, which may be withheld at its absolute discretion.
9.3 Underground Cinema will not be in breach of the Terms or otherwise liable for any delay in performance of them to the extent that such breach or delay is due to circumstances beyond its reasonable control.
9.4 If any part of the Terms is unenforceable, invalid or illegal (including any provision in which Underground Cinema excludes its liability to the User), the enforceability, validity or legality of any other part of the Terms will not be affected or impaired in any way.
9.5 The Terms embody and set forth the entire agreement and understanding between Underground Cinema and the User and supersede all prior oral representations (including negligent representations) or written agreements, understandings or arrangements with respect to the subject matter hereof. Neither party shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in the Terms. The provisions of this clause shall not exclude any liability or any right which either party may have in respect of any statements made fraudulently prior to User’s acceptance of the Terms or any fraudulent concealment by the other.
9.6 Any notice to be given by either party to the other may be sent by email or recorded delivery to the address of the other. In the case of Underground Cinema, this address shall be Underground Cinemas, 3 The Drive, Woodbrook Glen, Bray, Co Wicklow and as amended herein from time to time. In the case of the User, such an address shall be that provided at the time of registration or such other address as the User may from time to time have communicated to Underground Cinema in writing or by email to [email protected]. If sent by email, a notice shall be deemed to be received on the day it was sent or, if sent by recorded delivery, shall be deemed to be served two days following the date of posting.
9.7 Some of the provisions of the Terms are for the benefit of Underground Cinema and its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and third party information providers. Each of these persons or entities shall have the right to assert and enforce those provisions directly against the User on its own behalf if the User violates any of the Terms. No rights or benefits expressly or impliedly conferred by them shall be enforceable under that Act against the parties by any other person.
9.8 All prices displayed on the Web Site are (unless otherwise stated) inclusive of VAT (where applicable).
Underground Cinema’s Entry Policy
1.1 Underground Cinema wants all of its customers to enjoy their visit to its cinemas. To help ensure this, admission to any Underground Cinema Screening is subject to the following terms and conditions. By purchasing or using a Underground Cinema ticket, customers (including “Unlimited” card holders) agree to be bound by these terms and conditions.
2. Key Points
2.1 Behaviour: Disruptive, antisocial or violent behaviour by a customer or group of customers directed toward other customers or staff members will result in the offending customer or group of customers being required to leave the cinema immediately without any entitlement to a refund. What constitutes disruptive, antisocial or violent behaviour shall be determined at the sole discretion of the Underground Cinema Duty Manager and includes both physical and verbal abuse.
2.2 Alcohol and Food Policy: No alcohol, food or soft drink may be brought onto the premises. Only food and drink bought on the premises may be consumed on the premises.
2.3 Mobile Devices: All mobile devices including mobile telephones must be switched off at all times during the feature presentation.
2.4 Piracy: Customers are not allowed to bring any form of recording or copying equipment (in whatever medium) into the auditorium. Recording or copying equipment taken into the auditorium may be confiscated for inspection by the Underground Cinema Duty Manager. Customers are reminded that it is a serious criminal offence to copy or attempt to copy any film, soundtrack or other copyright protected material shown in the auditorium.
2.5 Certification: Underground Cinema is not responsible for the certification of adverts, trailers or films. All complaints in respect of the wrongful classification of any of these items should be directed to the Irish Film Classification Office (IFCO).
2.6 Parking: Underground Cinema is not responsible for the parking regulations imposed by third parties, including any cost imposed on customers. Customers should take up any issues directly with the third party concerned.
3. Entry into the Cinema
3.1 Only customers in possession of a valid e-ticket will be admitted into the auditorium to which the ticket relates and admission will be permitted only for the duration of the performance specified by the ticket. At the time of collection, customers should check that the ticket’s details are correct as tickets cannot be later exchanged or refunded in the event of any error.
3.2 Lost, stolen or damaged tickets will not be replaced. Any customer who does not hold a valid ticket may be required to leave the premises.
3.3 Underground Cinema will refuse admission to any person who, in the opinion of an authorised Underground Cinema employee or representative, is under the minimum age required by the IFCO classification for a presentation and cannot prove that they are at least the minimum age required. Underground Cinema expressly reserves the right to request photographic identification verifying the age of the customer (e.g. a driving licence or passport) for entry into 12A, 15A, 16 and 18 certificated films. Photocopies of birth certificates, passports and driver’s licences are acceptable. Children under the age of 12 must be accompanied by a parent of guardian to be admitted after 7.00pm.
3.4 Student tickets will only be issued upon the production of valid Union of Students in Ireland (USI) photographic identification showing a clear photograph of the student and the applicable expiry date of the identification. Student tickets will be limited to one per student. Photographic identification may be checked before admission to the auditorium in the case of pre-booked tickets.
3.5 Customers aged 15, 16 or 17 are entitled to student tickets without presenting student identification, however they may be required to provide identification in order to verify their age.
3.6 A carer accompanying a disabled person may be issued with a free ticket at the sole discretion of an authorised Underground Cinema employee or representative. Guide and Hearing dogs are welcome but other animals are not permitted on the premises.
3.7 In order to avoid disturbing other customers, customers who arrive after the start of the feature presentation will only be permitted entry into the auditorium at the Cinema Duty Manager’s sole discretion
4. Our Obligations
4.1 Although Underground Cinema seeks to follow its advertised programme, it reserves the right to cancel or reschedule a performance or to substitute an alternative film or presentation, if forced to do so by circumstances beyond its control.
4.2 If a film showing or other presentation is cancelled, rescheduled or substituted, the Cinema Duty Manager will have the sole discretion to decide whether to refund customers the cost of their tickets or to issue replacement tickets for the same film or presentation at an alternative time.
5. Safety and Security
5.1 Underground Cinema reserves the right to refuse the entry onto its premises of any person who is believed to be intoxicated and may require any person or customer who is believed to be intoxicated to leave the premises immediately without any entitlement to a refund.
5.2 No customer is allowed to bring any illegal substances or weapons onto the premises. Anyone found in possession of such items will be refused entry or will be required to leave the premises immediately without any entitlement to a refund. Underground Cinema takes such matters seriously and may report the incident to the Garda Síochána.
5.3 In order to comply with applicable health and safety legislation, customers must at all times remain within the public areas of the premises and must not obstruct the aisles with personal belongings.
5.4 Customers must keep their personal belongings with them at all times. Underground Cinema accepts no responsibility for the loss, theft, alteration or damage to any personal items brought onto the premises.
6. Other Matters
6.1 Nothing in these terms and conditions affects your statutory rights as a customer or excludes or limits Underground Cinema’s liability for fraud or for death or personal injury resulting from Underground Cinema’s negligence or for any other liability which Underground Cinema cannot exclude or limit under law but otherwise Underground Cinema’s liability to you as a customer shall be limited to the ticket price paid.
6.2 In addition to its other rights, in the event that a customer or group of customers breach or breaches any of the terms and conditions of this policy, Underground Cinema reserves the right to take such action as is necessary to prevent a reoccurrence of such breach (including recovering any costs incurred). Such action may include banning the relevant customer or customers from all Underground Cinema premises and/or taking legal action.
6.3 Underground Cinema reserves the right to charge for any additional service or product which it may supply.
6.4 Any Underground Cinema Duty Manager may refuse entry to any person onto the premises of the relevant Underground Cinema Drive In at any time and will be under no obligation to provide a reason to that person.
6.5 Underground Cinema accepts no responsibility for any information displayed or broadcast on the premises by any third party.
6.6 Underground Cinema reserves the right to amend these terms and conditions from time to time without notice.
6.7 Underground Cinema is registered in Ireland (Company No. 483343). Registered Office: 3 The Drive, Woodbrook Glen, Bray, Co Wicklow . Underground Cinema can be contacted at by emailing [email protected] or by telephoning +353 87 9131204.