For the purposes of these GTC, the following definitions shall apply:a) "Yorck" - Yorck-Kino GmbH (Commercial Register Dresden, HRB 26679, SEPA Creditor Identifier: IBAN: DE38100900008211037033 / BIC: BEVODEBB), registered office at Rankestraße 31, 10789 Berlin, Germany.b) "Cinema Operator" - the operating company of the respective cinema for which the customer purchases the ticket(s).i. for the Babylon Kreuzberg, Yorck, Capitol Dahlem, Neues Off, Passage, Rollberg, Odeon, Kino International, Filmtheater am Friedrichshain, Delphi LUX, Blauer Stern, the Sommerkino Kulturforum and the Sommerkino Schloss Charlottenburg, the Yorck (see § 1 a)),ii. for the Delphi Filmpalast am Zoo, Delphi Filmtheater Betriebs GmbH (Commercial Register: Charlottenburg - Berlin, HRB 23630, registered office at Kantstr. 12a, 10623 Berlin, Germany,iii. for Cinema Paris, Cinema Paris Betriebs GmbH (Commercial Register: Charlottenburg - Berlin, HRB 51765, registered office at Kantstr. 12a, 10623 Berlin, Germany,iv. for Kant Kino, Flott GmbH Kant Kino Berlin (Commercial Register: AG Stuttgart, HRB 739 787, registered office at Rilkeweg 1, 73635 Rudersberg, Germany,v. for City Kinos München CITY Filmtheater Betriebs GmbH (Commercial Register: Charlottenburg - Berlin, HRB 29860, registered office at Sonnenstraße 12, 80331 Munich, Germany.c) "Yorck-Kinogruppe" - collective term for all Cinema Operatorsd) "Ticket Store" - Yorck Ticket Store, accessible on the Internet at the addresses www.yorck.de, m.yorck.de, www.kinokarten.berlin, www.kinogutschein.berlin, as well as via links on the website
, their mobile equivalents and the Yorck apps.e) "GTC" - the General Terms and Conditions of the Ticket Store set forth herein.
§ 2. Scope of application
(1) Yorck operates the Ticket Store. Tickets for screenings in the cinemas of the Yorck Cinema Group can be purchased online via the Ticket Store (hereinafter "Cinema Tickets" or "Tickets").(2) These GTC apply exclusively between the contracting parties (§ 3) with regard to the purchase of Tickets. Provisions that conflict with or deviate from these GTC are hereby objected to unless the Cinema Operator has expressly acknowledged them in writing.
§ 3. Contracting parties
(1) The contract for the purchase of Cinema Tickets is concluded with the Cinema Operator. If Yorck does not become a contracting party itself, it shall act on behalf of the respective Cinema Operator. Yorck operates the Ticket Store on behalf of the Cinema Operator, unless it is a Cinema Operator itself.(2) Yorck and the other Cinema Operators (except City Kinos Munich) can be reached via the telephone number +49 (0) 30 / 322 931 322, and by e-mail:
(1) The ticket offer presented in the Ticket Store does not constitute a legally binding offer. It is non-binding and subject to the availability of Tickets.(2) The customer makes a legally binding offer for the purchase of selected tickets when he/she has inserted the information requested during the order process and clicks the "Pay" button.(3) Before and after ordering, the customer can access the GTC via a link in the Ticket Store and download them from https://www.yorck.de/agb.(4) The Cinema Operator accepts the customer's offer after completion of the order by displaying "Confirmation" on the customer’s/customers’ screen, thereby confirming that the order has been successfully placed. This concludes a contract between the customer and the Cinema Operator for visiting the selected movie. Once the order has been processed, it is possible for the customer to download and print the Tickets he/she has purchased. In addition, he/she will receive an e-mail from the Cinema Operator that includes the text of the contract and information on how to pick up the purchased Tickets. By this e-mail, the customer also receives an additional confirmation from the Cinema Operator about the acceptance of the of the customer’s offer made via the order. The text of the contract will also be stored electronically by the Cinema Operator after the conclusion of the contract. The customer can access and download the GTC both before and after placing the order via a link in the Ticket Store.(5) The customer is responsible for ensuring that the e-mail address he/she provided when placing the order is correct and has been configured correctly (for example, with regard to SPAM filters) and that his/her mail account has the required storage capacity.(6) Per each order, no more than a total of eight (8) movie Tickets can be purchased.(7) The conclusion of the contract between the customer and the Cinema Operator authorises the customer to attend the selected movie. The customer is obliged to show the via the Ticket Shop purchased ticket at the cinema entrance and to have it with him/her by the end of the movie so that the Cinema Ticket can be recorded by a barcode scanner. Therefore, the customer can show a printed paper Ticket or a digital ticket on the smartphone. The customer is responsible for complete readability and verifiability of the barcode on the Ticket. If the validity of the Ticket cannot be verified prior to the event beginning for reasons within the customer’s responsibility (e.g. poor print quality, Ticket not printed in original size, damaged Ticket, scratched smartphone display, broken smartphone, insufficient hardware and software equipment or insufficient memory or battery capacity), the entitlement to attend the event omitts.(8) There is no claim to postal dispatch of the Ticket or to a reprint of the Ticket on site based on the order number.(9) The row and seat number indicated on the Cinema Ticket, if any, is binding for the customer.
§ 5. Prices and payment
(1) During the order, the price for one or for all tickets will be displayed to the customer. For the purchase of Cinema Tickets in the Ticket Store, an advance booking fee of 10% of the Ticket price is charged. All listed prices include the ticket price, the advance booking fee and the value added tax.(2) The Operator’s claim for payment arises with the conclusion of the contract and is due immediately. The amount will be collected as soon as possible. It is irrelevant whether the customer uses the ticket or if it expires.(3) Payment for the purchased Cinema Tickets are made by means the Customer's has chosen. "Payment method" means a current, valid payment method accepted by Yorck, such as credit card, SEPA direct debit or another online payment system. In case of a non authorizedcancellation of the credit card transaction or direct debit, the customer shall pay a chargeback fee of 9,90 Euro. It is permitted to the customer to prove that the Operator has not suffered any damage or that the damage is significantly lower.
§ 6. Return and withdrawal as well as cancellation, postponement or other changes of events
(1) In cases that are either specified in these GTC or by law, the customer can return the tickets and receive refund of the paid price, unless stated otherwise in the Ticket Store. Reclaims of paid admission fees based on the content of the shown movies are excluded.(2) The provisions on contracts that were concluded via means of telecommunication do not apply (Section 312g (2) No. 9 of the German Civil Code, BGB).(3) Cancellation of a ticket booking is only possible if the booking was made via a Yorck member account and the booking is cancelled online not later than 90 minutes before the movie start by using the "Cancel Booking" function, which can be found under "My Account" of the respective Yorck member account. This cancellation right does not apply if it is explicitly excluded or modified for special events.(4) The customer can claim a return of the Cinema Tickets for reimbursement of the paid price or, alternatively, reimbursement in the form of a value voucher if the booked performance is cancelled, in particular but not limited to, for weather or safety reasons (e.g. in case of a storm) or due to legal requirements (e.g. due to Corona federal or governmental protection measures), is interrupted significantly before its end or insofar as § 6 (5) of these GTC provides for such.(5) The Cinema Operator reserves the right to make subsequent changes to programs, times, etc. that have already been printed or otherwise published. The customer has no right of return in case the cinema hall or the place for the movie presentation changes. In the event of performance postponements and changes, the purchased Cinema Tickets remain valid; in the case of seat reservations, new seats can be assigned. If the performance starts more than 30 minutes later than scheduled, the Cinema Tickets can be returned for a refund of the price paid. The performance in this sense includes commercial break and pre-program.(6) If discounted Tickets were purchased in the Ticket Store and the ticket holder is unable to prove at the Ticket office that he/she is entitled to the discount before attending the performance, he/she has no right to admission to the performance or to the return of the discounted Tickets.(7) In case of rights to return or cancellation under this section, Tickets may be only be returned before the booked performance starts and in exchange of the refund of the paid Ticket price. Something else only applies if the right of return follows from the fact that the performance was interrupted significantly before its end. If the customer returns the Cinema Tickets at the Ticket office, the refund can be made in cash or by electronic payment; however, the customer is not entitled to a cash refund. In the event of a cancellation pursuant to § 6 (3), the customer shall receive a voucher in the amount of the Ticket value for later redemption in the Ticket Store or in the cinemas of the Yorck Cinema Group
§ 7. General rights and obligations in the cinema
(1) Each ticket entitles exclusively to attend the performance(s) indicated on it.(2) The employees of the Cinema Operators exercise domiciliary rights. The house rules posted in the cinemas and available on the website
/hausordnung apply. In case of danger, the customer has to follow the instructions of our employees. The escape routes of the cinemas and other performance places must be kept clear at all times.(3) It is prohibited in any way to disturb, harass or discriminate guests and staff of the cinemas of the Yorck Cinema Group. Visitors who are visibly intoxicated by alcohol or other drugs may be refused to enter to or stay in a cinema of the Yorck Cinema Group. § 8 (1) shall apply accordingly.(4) Children and young people may only be admitted to performances that have been approved for their age by the Voluntary Self-Regulation Body for the Film Industry (Freiwillige Selbstkontrolle der Filmwirtschaft, FSK) and that end at appropriate times. Children by the age of ten must be accompanied by an adult. The Cinema Operators are not responsible for supervising playing children; the accompanying adult is obliged to supervise the child/children he/she accompanies at all times.(5) Children and young people are allowed to attend only those performances that have been approved for their respective age by the Voluntary Self-Regulation Body for the Film Industry (FSK) and that end at appropriate times. It is prohibited to take children to performances with an unsuitable FSK rating. An age rating of the movies shown in our cinemas as well as excerpts from the applicable Youth Protection Act are posted in the foyer of our cinemas. If there is any doubt about the age of the child or the accompanying person, the Cinema Operator is obliged and entitled to check the age in question. If the age cannot be sufficiently proven, § 8 (2) d) of these GTC applies.(6) No artistic, sporting or advertising or commercial activities may be carried out in or at the cinemas without the expressed consent of the respective Cinema Operator.(7) All cell phones must be turned off from beginning to end of the movie.(8) The use of skateboards, scooters, inline skates and other game and sports equipment is not permitted in the rooms of the Yorck Cinema Group for safety reasons.(9) Smoking as well as the use of e-cigarettes is not permitted in the entire cinema buildings of the Yorck Cinema Group.(10) The Cinema Operator may refuse admission to a cinema or a particular performance if the Cinema Tickets have been manipulated or damaged, unless this is the fault of the Cinema Operator itself.(11) It is not permitted to bring your own food and drinks.(12) Suitcases, larger bags, backpacks and comparable containers may not be taken into the cinema. If necessary, they can be locked in the lockers provided for this purpose. This restriction does not apply to handbags and comparable smaller bags.(13) If the Customer has used the cinema's lockers, he/she must empty them immediately upon leaving the cinema, otherwise the Cinema Operator may arrange the lockers to be emptied. Neither Yorck nor the respective Cinema Operator have any storage obligation for remaining items. Liability for gross negligence and intent remains unaffected. Valuables such as money, jewelry, watches, keys, cell phones shall not be locked in the lockers.(14) It is not permitted to bring dangerous objects, fireworks or other pyrotechnic objects, weapons, spray cans, noise instruments, laser pens, bottles, cans and intoxicants. Animals are also not permitted, except those required to assist physically or mentally impaired visitors.(15) It is not permitted to bring picture, film and sound recording devices (with the exception of cell phones). Reference is also made to § 10 of these GTC.
§ 8. Rights and obligations of the Cinema Operator
(1) In the event of culpable and substantial or repeated violations of the house rules posted in the cinemas of the Yorck-Kinogruppe, these GTC or legal regulations, the customer may be expelled from the cinema without prejudice to further claims of the Cinema Operator. The customer is not entitled to a refund of the ticket price if the expulsion occurs after the start of the performance.(2) The Cinema Operator is entitled to unilaterally withdraw from the contract and carry out a reversal if, in particulara) the customer has provided incorrect information during the ordering process and as a result, payment for the Cinema Tickets is jeopardized,b) there are serious doubts about the customer's ability or willingness to pay, because he/she has already ordered Cinema Tickets from the Ticket Store within the last six months and then failed to pay for no reason, is in consumer insolvency proceedings, has submitted an affidavit regarding his/her assets as part of a compulsory execution, or a publicly accessible credit agency such as Schufa Holding AG seriously questions his/her ability to pay and payment of the Cinema Tickets is thus jeopardized,c) at the entrance to the cinema, the customer is unable to prove by means of official identification that he/she is entitled to the price reduction claimed in order process and does not pay the difference between the reduced price and the normal price before the performance begins, ord) the customer is unable to prove at the entrance that he/she meets the FSK age limit for the respective performance by presenting official identification,e) there are factual indications that the customer is carrying recording devices and he/she does not accept a bag check requested of him/her for this reason.(3) Reversal shall take place in accordance with § 6 (7) of these GTC.
§ 9. Rights and obligations of the customer
(1) Upon request, proof of authorization to pay with the EC/credit card used for payment must be provided as part of the access control process or when purchasing Cinema Tickets at the ticket office, for example by presenting the EC/credit card used and/or a personal document of the customer. The customer will only be permitted to enter the Cinema upon presentation of such proof. The above provision does not apply to purchases using the payment portal PayPal.(2) If Tickets with a price reduction were purchased via the Ticket Store, the customer must provide proof of entitlement to this reduction at the ticket office before attending the performance. If the customer fails to provide such proof, § 8 (2) c) and § 6 (6) of these GTC shall apply.(3) While in the cinema or at the performance location, the customer is obligated to present a valid ticket to the Cinema Operator's staff if requested to do so. Section 4 (7) sentences 2-5 apply. Culpable violations of this obligation may constitute a criminal offense and give rise to movie distribution companies’ claims for damages. In the event of fraudulent performance, an increased admission fee of EUR 50.00 will be charged, subject to further claims for damages.
§ 10. Prohibition of sound and image recordings
(1) The creation of any sound, image or movie recordings of the performances is prohibited, as is the complete or partial distribution or transmission of such recordings via the Internet or other media (including mobile communications). It is also prohibited to assist other persons in such activities. Violations will be prosecuted under civil and criminal law.(2) For each culpable violation of the prohibition mentioned in the preceding paragraph (1) with regard to movies, the respective Cinema Operator may demand payment of a contractual penalty of up to EUR 1,000.00, unless it can be proven that no damage or only a significantly lower amount of damage has been incurred. Further claims for damages by the Cinema Operator shall remain unaffected by this, but the contractual penalty shall be credited.
§ 11. Limitation of liability at the place of performance
(1) Any claims for damages in connection with the performance visit are excluded regardless of the legal ground, unless the Cinema Operator, its legal representatives or vicarious agents have verifiably acted intentionally or with gross negligence.(2) The statutory liability for damages arising from injury to life, body or health remain unaffected. The limitation of liability according to paragraph (1) shall not apply in the event of a breach of essential contractual obligations. An obligation is contractual essential if it makes the proper execution of the contract possible or on the adherence to which the customer has relied on and was entitled to rely.
§ 12. Data Protection
(1) The customer shall only have a right to set-off, if his/her counterclaims have been determined as legally binding or if they are undisputed.(2) The contract language is exclusively German.(3) The law of the Federal Republic of Germany shall apply exclusively, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.(4) If the customer does not have a place of jurisdiction in the Federal Republic of Germany or if the customer is a sole proprietor, the exclusive place of jurisdiction for all disputes in connection with this contract shall be Berlin, without prejudice to special jurisdiction for consumers and exclusive places of jurisdiction.
The Yorck membership is a free basic variant that replaces the Yorck card and can be used, for example, to collect loyalty points ("Points") when purchasing Tickets, which can be redeemed at participating cinemas.
The Yorck-UNLIMITED membership is a paid subscription and replaces the Yorck cinema subscription, the Annual Ticket and similar seasonal offers (e.g. the Season Pass). Among other things, it entitles the member to unlimited use of our regular movie program.
1. How is the Yorck membership created?
2. What do I have to consider if I lose my Membership Card?
In the event of loss, theft or suspected misuse of a Membership Card, the Member must inform Yorck about this immediately. In this case, the Member can receive a replacement card from the participating cinemas against payment of an administration fee of €2.00. The Member is responsible for any damage incurred by him/her due to loss, theft or misuse of the Membership Card (e.g. unauthorized redemption of collected Points by third parties). If the Member does not inform Yorck immediately in the event of loss, theft or suspected misuse of the Membership Card, he/she may be excluded from the membership program without counterclaims.
3. What do I have to consider in case of suspicion of misuse?
If you suspect that unauthorized persons have or had access to your Yorck Account, you are obliged to inform us immediately. We are entitled to suspend your Yorck Account in case of suspected misuse by third parties (especially in case of suspected hacking) until the facts are clarified or your access data is changed. Should the misuse have been caused by you intentionally, We are furthermore entitled to terminate your membership extraordinarily and without notice.
5. Limitation of liability
6. Involvement in the dispute
We do not participate in alternative dispute resolution proceedings at a consumer arbitration board and are not legally obliged to do so.
7. Applicable law
8. Conditions of participation in the Yorck membership
8.1 How can I collect Points?
Members who are logged into their Yorck Account will automatically collect Points when purchasing Cinema Tickets, consumables and, where offered, streaming services via the app or website, unless collecting is excluded (details under 8.2). When purchasing in one of our participating cinemas, Points can be collected by showing the Membership Card.
8.2 When is the collection or redemption of Points excluded?
8.2.1 Purchasing as a guest: If proof of Yorck Membership is not provided during the purchase process (see 8.1), Points can neither be collected nor redeemed for this purchase. Retroactive crediting is not possible.8.2.2 Special events: Closed events or events held jointly with cooperation partners and third-party events (such as festivals) generally do not entitle the holder to collect or redeem Points.8.2.3 Participating Cinemas: Points can only be collected and redeemed at participating cinemas/services. Participating cinemas are in particular Berlin cinemas of the Yorck Kinogruppe, the City Kinos Munich and, if available, Yorck On-Demand. A complete list of participating cinemas is available at https://yorck.de/kinos and https://city-kinos.de/kino.8.2.4
Technical disruptions and updates: If, for technical reasons (e.g. malfunctions), or for other reasons (e.g. because your cell phone does not support the app, an update is not loaded, or you do not have an Internet connection), it is not possible to collect or redeem Points or take advantage of other offers, We are unfortunately unable to provide compensation for this because of technical reasons. A retroactive credit is excluded.
8.3 How many Points do I get credited?
If a purchase entitles the holder to collect Points in accordance with these Terms and Conditions of Participation, all Points from a purchase will be credited to the Member account of the Member making the purchase. In principle, one Point will be credited to the Yorck Account for each full euro of sales on movies or consumption.
8.4 How (long) can I redeem Points?
8.4.1 Rewards: Points can generally be redeemed at participating cinemas as follows, subject to availability: 100 Points = one free ticket (movies with special surcharges, such as 3D or 70mm performancesrequire the payment of a surcharge). For more details, please see our rewards directory. We reserve the right to make changes to the rewards (type of rewards and rewards value) on an ongoing basis.8.4.2 Redemption: Points can be redeemed within three years after they have been accumulated as follows: upon presentation of the Membership Card at the Ticket office or for purchases made via the app or our website. All accumulated Points will expire if the Member has not done any account activity that resulted in the acquisition of Points pursuant to Section 8.1 for 24 months. Points that have not been redeemed (on time) will automatically expire without separate notification to the Member.
8.5 How does the termination of a Membership occur?
8.5.1 Both the Member and Yorck have the right to terminate the contractual relationship at any time. Termination on the part of the Member must be made in writing or by deleting the Yorck Account via the Member Area. When the termination becomes effective, the Member's accumulated Points will expire. A claim for replacement or redemption of the Points does not exist.8.5.2 Yorck Accounts that have not been used for more than 24 months may be deactivated by Yorck without further notice. The deactivation results in the expiration of Points. There is no claim to replacement or redemption.8.5.3 The right to extraordinary termination without notice for good cause shall remain unaffected. In particular pursuant to clause 22.214.171.124 Yorck also reserves the right to modify or to stop the Customer Loyalty System at any time. Cardholders will be informed timely of any significant changes, by e-mail, as well as via the website or app or notice board
9. Conditions of participation of the Yorck UNLIMITED Membership
9.1 How does UNLIMITED Membership come about?
The UNLIMITED Membership is created by conclusion of the contract. An upgrade from the Yorck Membership to the UNLIMITED Membership is possible at any time.
9.2 What are the benefits of UNLIMITED Membership?
For the duration of the UNLIMITED Membership and by payment of a Membership fee, UNLIMITED Members acquire the right to admission to any movie of the regular program in the cinemas of the Yorck Cinema Group, subject to availability of free seats and taking into account the FSK releases. In addition, up to five persons accompanying the UNLIMITED Member receive a discount on the admission price under the aforementioned conditions. UNLIMITED Membership only applies to special events if this is indicated; in this case, the granting of the aforementioned entitlements and reductions is additionally dependent on the respective Yorck ticket contingent. UNLIMITED Members also receive a discount on drinks and snacks (except on “movie day” or in the case of special price promotions). For details and further exceptions, please see Sections 9.9 and 9.10. Please note that the number of Yorck cinemas as well as their location, facilities, capacity and appearance may change in the course of Membership (e.g. due to new openings, renovations or closures). Such changes are expressly reserved.Misuse of UNLIMITED Membership is not permitted. Such misuse shall be deemed to have occurred in particular if a Member uses his or her UNLIMITED Membership to obtain discounts for third parties who are not accompanying persons. In the event of misuse, clause 9.4.3 shall apply
9.3 From when does UNLIMITED Membership apply?
9.4 Duration, extension and cancellation
9.4.1 The duration of the UNLIMITED Membership shall be one year from the start of the validity period (one "Validity Unit" in each case) and shall subsequently be automatically extended by one additional Validity Unit in each case if the UNLIMITED Membership is not terminated no later than 14 days prior to the end of the agreed or extended contract term. In case of the Prepaid Variant, there is no automatic extension; in this case, the UNLIMITED Membership ends automatically upon expiration of the agreed term. With the end of the UNLIMITED Membership, the Member can no longer use the UNLIMITED benefits, but remains a Member of the basic variant (Yorck Membership).9.4.2 Yorck is entitled to terminate the UNLIMITED Membership Agreement with six weeks' notice to the end of the month. If, in the event of cancellation by Yorck, there is an advance payment balance in your favor at the time of cancellation due to the selected billing period, this will be refunded to the Member immediately after cancellation of the UNLIMITED Membership.9.4.3 The right to extraordinary cancellation without notice for good cause shall remain unaffected.9.4.4 Cancellations must be made in text form. Members may give notice of cancellation via their Yorck Account.
9.5 Do you have a right of withdrawal?
If you enter into an UNLIMITED Membership contract with us, you have a right of withdrawal pursuant to Section 11.
9.6 What about the Yorck Membership while I am an UNLIMITED Member?
The collection, redemption, and expiration of Points under the Yorck Membership (details on Membership under section 8.) pauses for the duration of the UNLIMITED Membership; that means, no Points can be collected for the duration of the UNLIMITED Membership. Instead, We grant UNLIMITED Members direct discounts on the consumption of drinks and snacks upon presentation of their Membership Card.
9.7 What does UNLIMITED Membership cost?
9.7.1 For the duration of the UNLIMITED Membership, the Member shall pay a usage fee due in advance ("UNLIMITED Fee") in return for the usage option. The amount of the UNLIMITED Fee is based on the current List of Fees.9.7.2 The UNLIMITED Fee is due monthly or once a year, depending on the billing period selected by the Member. Overlength surcharges are included. Surchages need to be paid for attending cinema performance with special surcharges, such as 3D or 70mm screenings, unless otherwise indicated.9.7.3 Connection costs, in particular for services of an Internet provider, are not included in the UNLIMITED Fee. You are responsible for creating an appropriate connection, ensuring the possibility of use by means of a terminal device, and the costs incurred for this. We reserve the right to change the UNLIMITED Fee in the event of a significant increase in the procurement and provisioning costs to be borne by Yorck and to inform Members of the fee change in text form (e.g., by e-mail) no later than 30 days prior to the proposed date on which it will take effect. In this case, the Member shall be deemed to have provided its consent if the Member has not objected to the changes in text form to Yorck by the proposed date on which they take effect. In the message by which Yorck informs the Member of the changes, Yorck shall expressly draw the Member's attention to the right of objection and the fiction of consent in the event of failure to object. Yorck may also announce fee changes via the Member Area, the App, or by posting a notice and obtain the Member's express consent to the changed UNLIMITED Fee.
9.8 How do I pay the UNLIMITED Fee?
9.8.1 The UNLIMITED Fee will be debited by means of the payment method specified by you. "Payment method" means a current, valid payment method accepted by us, such as credit card, SEPA direct debit or another online payment system. The payment date corresponds to the invoice date, which you can always find in your Yorck Account.9.8.2 If an UNLIMITED Fee cannot be collected despite being due, We may block you from using the UNLIMITED benefits until payment is made. Therefore, please remember to insert any changes in the method of payment (e.g., if the credit card is about to expire) in your Yorck Account in a timely manner.9.8.3 Members who pay their UNLIMITED Fees by SEPA direct debit shall ensure that the account has sufficient money at the time of debiting and shall inform Yorck-Kino GmbH of any changes to their postal address and bank account details. If the direct debit fails for reasons for which We are not responsible, the account holder will bear the costs charged by the banks. In case of recurrence, We reserve the right to charge an additional postage and administration fee of 5 Euros and to cancel the Membership. The customer reserves the right to prove that lower costs were incurred.
9.9 How do I receive the benefits associated with UNLIMITED Membership?
9.9.1 Upon presentation of your Membership Card and a valid official identification document, you, as a UNLIMITED Member, will receive a cinema ticket at the cinema ticket office, subject to availability for the desired performance and any FSK restrictions, unless the performance is an event excluded under the following provisions or the use of the UNLIMITED Card is excluded for other reasons.9.9.2 In addition, as an UNLIMITED Member, We grant you further benefits and discounts, for example when purchasing consumables or merchandise. The respective discounts and benefits vary from time to time and may be changed by Yorck at any time without separate notification to the Members if the change is not materially adverse. You can view our current offers here.
9.10 What does UNLIMITED Membership not cover?
9.10.1 Unless otherwise indicated, special events, in particular monthly film series, live broadcasts, premieres, the Berlinale and other film festivals, classical music matinees, non-public events, third-party events, and events with special surcharges (Sneak Preview Night and similar) are excluded from UNLIMITED Membership. Section 9.7.2 shall apply in addition.9.10.2 You cannot attend two performances that overlap. Example: You have a ticket for a performance that starts at 18:00 and ends at 19:55 according to the program schedule. You can see another performance at 20:00, but not already at 19:126.96.36.199 We reserve the right to change the possible applications of UNLIMITED Membership as well as the offer and discounts with effect for the future at any time, including to reduce them to a reasonable extent.
10.1 Under which conditions can I use Yorck on Demand?
10.1.1 The prerequisite for using the Yorck on Demand services is a Yorck (UNLIMITED) Membership and the associated Yorck Account.10.1.2 The Yorck on Demand services are exclusively for private and non-commercial use by natural persons. They may not be shared with persons who do not live in the same household or made publicly accessible.10.1.3 Members must be 18 years of age to use the Yorck on Demand services. Persons who have not yet reached the age of 18 are not permitted to use the Yorck on Demand services. Verification of age is done by depositing the credit card of the respective Member. [Youth Protection PIN: Members will receive a Youth Protection PIN ("PIN") [by order] to protect minors. The PIN allows them to set restrictions on video content. This means that content with an age rating of 16 or 18 can only be purchased, rented and/or played after entering the PIN. The PIN cannot be changed. After three incorrect entries, it will be irrevocably blocked and must be applied for a new PIN that will be sent again. Any shipping costs incurred shall be borne by the Member. The Member must ensure that minors and other unauthorized third parties cannot obtain knowledge of the PIN].]
10.2 What services are provided to Members via Yorck on Demand?
10.3 Is Purchased Content available to me without restriction?
10.3.1 Purchased Content is generally available to Members for streaming for an unlimited period of time. Something else may apply when Purchased Content may not be available for an unlimited period of time due to possible licensing restrictions of the rights holder, for the reasons set forth in sections 10.3.2 - 10.3.4 below or for other reasons.10.3.2 Cancellation of Membership shall also result in Purchased and Borrowed Content no longer being available to the Member as of the effective date of cancellation. The same shall also apply in the event of c by Yorck to the detriment of a Member.10.3.3 Members will also no longer be able to access Purchased and Borrowed Content if the Yorck on Demand Services are terminated and the Yorck on Demand Content is removed from the Platform.10.3.4 Yorck assumes no liability in the event that Borrowed and Purchased Content is no longer available for further streaming.
10.4 Where can I view Yorck on Demand Content?
Members may view Yorck on Demand Content on an unlimited number of compatible devices, subject to Section 10.6.1. Log in to the Website at https://ondemand.yorck.de with your Yorck Account to view Content directly on your computer. You may also log in on a device compatible with the App on which the App is installed.
10.5 What do I need to consider when using Yorck on Demand services?
10.6 What must I refrain from doing when using the Yorck on Demand services?
10.7 Which technical requirements do I have to consider?
10.7.1 In order to use Yorck on Demand services, Members need Internet access and Internet-capable televisions, computers or other devices ("Compatible End Devices"). Depending on the Internet connection used, and depending on the provider and tariff, especially in the case of time or volume tariffs, the use of the Yorck on Demand service may incur significant additional costs, which must be borne by the respective Member.10.7.2 It is the Member's responsibility to ensure that the Compatible End Devices used by him/her meet the respective technical compatibility and system requirements, available at https://ondemand.yorck.de/page/help/. Playback of Yorck on Demand content outside of these requirements is not possible. The compatibility and system requirements may change from time to time. This means that devices that met the compatibility and system requirements set by Yorck at one time may not be compatible at a future time.10.7.3 The playback resolution and display quality of the Yorck on Demand Content may vary depending on the device and is dependent on various factors, such as the location, the available bandwidth and/or the speed of the Internet connection. The availability of HD, Ultra HD and HDR picture quality is dependent on the Internet Service, the Compatible Member Device being used, or the available quality of the individual Yorck on Demand Content. If Yorck determines that Content is interrupted or otherwise cannot be properly played due to bandwidth limitations or other factors, Yorck may reduce the resolution and file size of the streamed Content to provide an uninterrupted viewing experience. While Yorck strives to provide a high-quality viewing experience, they do not guarantee the resolution or quality of the content.10.7.4 Members acknowledge that use of the Yorck on Demand service may require third party software that requires third party licenses. Members agree to receive automatically updated versions of Yorck on Demand and related Third Party Software
10.8 Can I also view content abroad?
10.8.1 The retrieval of Yorck on Demand content and its use is restricted to the territory of the Federal Republic of Germany. Members are not allowedto conceal or disguise their respective whereabouts by any technologies or technical methods.10.8.2 In the event of a temporary stay in another Member state of the European Union, Yorck on Demand Content may be accessed and used in accordance with the EU Portability Regulation (Regulation (EU) 2017/1128), provided that the User can prove that he has his permanent residence in Germany. Yorck carries out a verification procedure in accordance with Article 5 of the Regulation to prove permanent residence, unless proof has already been provided in another way. Members consent to such (also repetitive) verification of the state of residence in accordance with Regulation (EU) 2017/1128 and the data protection provisions by Yorck. The provision of the Yorck on Demand services will generally be of the same quality as in Germany, however, a deviation may occur due to technical conditions at the location
10.9 How much does Yorck on Demand cost?
The prices vary depending on the Yorck on Demand content and on the service (purchase, rental, film package or one-time online film screening). The current overview of prices and services can be viewed at https://yorck.de/praemienverzeichnis.10.9.1 Yorck shall be entitled to adjust the price for Yorck on Demand Content from time to time at its reasonable discretion.
10.10 How do I pay for Yorck on Demand?
10.10.1 The Member commits to pay the respective usage fee for chargeable Yorck-on-Demand Content in accordance with the following provisions. The usage fee is due immediately before the content is made available.10.10.2 Payment of the fees can be made via the payment methods specified by Yorck.10.10.3 Members shall only have a right of set-off if their counterclaim against Yorck has been legally stated, is undisputed or has been acknowledged. The right of retention, in particular the defense of non-performance of the contract, shall remain unaffected.10.10.4 In the event of late payment, the legal provisions shall apply.10.10.5 The Member's obligation to pay shall also apply to usage fees incurred as a result of third parties having used authorized or unauthorized content retrievals via the Customer's connection or using the Customer's passwords, provided that the Customer is responsible for such use.
10.11 Do I have a right of withdrawal?
You have a right of withdrawal pursuant to Section 11 if you purchase Yorck on Demand Content from us.
10.12 How can I cancel Yorck on Demand?
The cancellation provisions of the general section apply (see Section 8.5.1). Both parties reserve the right to cancel for good cause.
10.13 What happens if I delete my Yorck Account or cancel Yorck on Demand?
If a Yorck Account is deleted by the User or the right to deletion pursuant to Art. 17 DSGVO is exercised, the account of the respective Member will be closed automatically. As a result, all Purchased Content of the respective Member will be deleted or the authorization of the respective Member to access the Borrowed Content will cease to exist.
10.14 Exclusion of warranty
The Yorck on Demand Services and Content are provided on an "as is" and "as available" basis. Yorck expressly disclaims all warranties with respect to the Services or Content, including any suggestions or recommendations of Services or Content offered or available through the Services. Yorck is not responsible or liable for the accuracy, copyright compliance, legality, decency of any material or content contained in or accessed through the Services.
10.15 Yorck's claim for exemption
11. Right of withdrawal of the user
11.1 Right of withdrawal
You have the right to withdraw when you enter into an UNLIMITED Membership contract with us or purchase Yorck on Demand content from us:
WITHDRAWAL POLICY Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.The withdrawal period will expire after 14 days from the day.To exercise the right of withdrawal, you must inform us [Yorck-Kino GmbH, Rankestraße 31, 10789 Berlin, tel. no. 030 212 98 0 0, fax no. 030 212 980 99, firstname.lastname@example.org] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, We shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which We are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.The right of withdrawal shall expire in the case of a contract for the delivery of digital content not on a tangible medium, when we have commenced performance of the contract after you (i) have expressly consented to our commencing performance of the contract before the expiry of the withdrawal period and (ii) have confirmed your knowledge that by consenting you lose your right of withdrawal upon commencement of performance of the contract.
END OF THE WITHDRAWAL POLICY
11.2 Sample withdrawal form
(complete and return this form only if you wish to withdraw from the contract)To Yorck-Kino GmbH, Rankestraße 31, 10789 Berlin, Fax 030 212 980 99,
I/We ( *) hereby give notice that I/We (*) withdraw from my/our (*) concluded contract of sale of the following goods (*) /for the provision of the following service (*) ,Ordered on (*) /received on (*) ,Name of consumer(s),Address of consumer(s),Signature of consumer(s) (only if this form is notified on paper),Date(*) Delete as appropriate.