GENERAL TERMS & CONDITIONS

CANAL+ enters into contracts for the use of CANAL+ products exclusively based on these General Terms and Conditions.

The terms used in these General Terms and Conditions have the meanings specified below. All defined terms in the singular have the same meaning in the plural and vice versa.

For reasons of readability, the masculine form is used below. All statements naturally apply to all genders equally.

1.1   Subscription – a paid contract between CANAL+ and the customer for the provision and access to CANAL+ products.

1.2   GTC – these General Terms and Conditions.

1.3   CANAL+ – Canal+ Luxembourg S.à r.l., headquartered at 4, Rue Albert Borschette in L-1246 Luxembourg, registered in the Luxembourg Trade Register (Registre de Commerce et des Sociétés) under registration number B 87.905.

1.4   CANAL+ Entertainment – packages of various audiovisual media content offered by CANAL+, especially on-demand entertainment content.

1.5   CANAL+ Products – collectively refers to all products offered by CANAL+ and related services, particularly CANAL+ TV and CANAL+ Entertainment.

1.6    CANAL+ TV – TV packages offered by CANAL+, which contain various linear channels depending on the selected package.

1.7    Reception Devices – refers to accessories for receiving CANAL+ products, provided to the customer by CANAL+ in connection with the subscription (such as a satellite module).

1.8   Customer – a natural person who has entered into a subscription with Canal+.

1.9   Promotional Period – a limited period possibly set by CANAL+ at the beginning of the subscription during which no subscription fee is payable by the customer.

1.10   Payment Method – the method of payment for the monthly subscription fee chosen by the customer during the ordering process or subsequently changed by the customer.

2.1.   These GTC apply to the sale of products and the provision of services by CANAL+. If the customer orders the subscription via the internet, they agree to these GTC and are bound by them by clicking the checkbox before placing the order. If the subscription is ordered via telephone, the GTC will be provided immediately after placing the order, and the main points will be explained in advance over the phone. The customer is informed that by concluding the contract, they agree to the GTC and are bound by them. If the subscription is ordered in writing, the GTC will be provided in advance via the internet and again immediately after placing the order, either by email or in paper form, and the customer is informed that by concluding the contract, they agree to the GTC and are bound by them.

2.2.   All messages, graphics, content, and the design of the CANAL+ website are exclusively for the personal information of customers and are protected by copyright.

2.3.   A subscription can be ordered from CANAL+ in writing, by telephone, or via the internet. The range of offers from CANAL+ is non-binding. If a confirmation is subsequently sent by CANAL+, this does not in itself constitute acceptance of the offer. A binding contract for a subscription is only formed through the written acceptance of the order by CANAL+, usually by email, or by the commencement of service in the form of access provision to CANAL+ products.

2.4.   Until acceptance, all offers from CANAL+ are non-binding, subject to any typographical or programming errors, and subject to possible interim price and composition changes. CANAL+ reserves the right to reject offers to conclude contracts without stating reasons.

2.5.   Contracts can only be concluded by persons aged 18 and over. Contracts are concluded exclusively in German. CANAL+ reserves the right to request a copy of a valid ID (driver's license, passport, identity card) and a copy of the bank card (or a bank statement) showing the customer's name and address and the account number entered by the customer on the registration form.

2.6.   Depending on the agreed transmission method, the customer requires, in addition to a suitable terminal device (e.g., television, computer, tablet), which is not provided by CANAL+, a reception device provided by CANAL+ to receive CANAL+ products. It is the customer's responsibility to ensure that the terminal devices they use meet the access and system requirements.

4.1.   A prerequisite for using CANAL+ products is a CANAL+ compatible device and, depending on the chosen reception method, a reception device and/or internet access.

4.2.   CANAL+ products and all content accessed through the products are intended solely for the personal use of the customer and persons living in the same household and not for commercial purposes. The customer is granted a limited, non-exclusive, and non-transferable right to access CANAL+ products and their content within and during the subscription. No further rights or claims are transferred to the customer.

4.3.   The availability of individual content from CANAL+ products may be restricted outside of Austria due to licensing reasons, subject to mandatory legal regulations. Additionally, there may be territorial and temporal changes in the availability of certain content due to licensing reasons.

4.4.   CANAL+ regularly updates its products. These updates include the replacement, removal, or addition of individual or multiple content as well as changes and further developments of the website, applications, and other user interfaces. The customer has no claim to the provision of certain content or the design of the website, applications, or other user interfaces.

4.5.   The display quality of CANAL+ products may vary depending on the device and is influenced by various factors, such as the customer's location, available bandwidth, and/or the speed of the customer's internet connection. The customer is responsible for any charges related to their internet connection.

4.6.   The customer is entitled to statutory warranty remedies. In the event that a program outage or significant disruptions are due to the fault of the customer or their vicarious agents (e.g., the customer's IP network operator or internet provider), the customer has no warranty claims against CANAL+.

5.1.   The customer is responsible for ensuring the confidentiality of their account and password and for restricting access to their computer, mobile devices, and other reception devices.

5.2.   To the extent permitted under applicable law, the customer agrees to be responsible for all activities conducted through their account or password. The customer must take all necessary steps to ensure that their password is kept confidential and secure. The customer must promptly inform CANAL+ if there is any reason to believe that a third party has gained knowledge of their password or if the password is being used without authorization.

5.3.   The customer is responsible for ensuring that their information provided to CANAL+ is accurate and complete. Any changes to the information provided during the ordering process must be communicated to CANAL+ either through notification or by updating the information in the "Account" section.

5.4.   The customer assures that they will not use CANAL+ products in the following ways: (i) in a manner likely to interrupt, damage, or otherwise impair the CANAL+ products or access to them, (ii) for fraudulent purposes or in connection with a criminal offense or unlawful activity, or (iii) to cause harassment, inconvenience, or fear.

5.5.   The customer agrees not to use CANAL+ products for public performances.

5.6.   The customer is obligated to comply with youth protection regulations. In particular, the customer must ensure that unauthorized persons do not gain access to their personal youth protection PIN.

5.7.   The customer explicitly assures:

5.7.1. not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information made available during the use of CANAL+ products in any way not in accordance with these GTC,

5.7.2. not to circumvent, remove, alter, deactivate, degrade, or thwart any copy protection,

5.7.3. not to use robots, spiders, web scraping, or other automated processes to access CANAL+ products,

5.7.4. not to insert any codes or products or otherwise manipulate CANAL+ products,

5.7.5. not to use data mining, data collection, or other extraction methods.

5.7.6. In the event of a violation, CANAL+ is entitled to terminate the customer's subscription extraordinarily with immediate effect and/or restrict, suspend, or block the customer's access to CANAL+ products. CANAL+ explicitly reserves the right to assert further claims, such as for damages.

6.1.   Unless otherwise agreed, the subscription is concluded for an indefinite period and has a minimum contract term of one year.

6.2.   Ordinary Termination by the Customer: The subscription can be terminated by the customer for the first time at the end of the agreed minimum contract term with a notice period of one month. After the expiration of the agreed minimum contract term, the subscription can be terminated every 6 months. If no minimum contract term has been agreed with the customer, the customer can terminate the subscription at any time at the end of the respective promotional period, if contractually agreed with the customer, or at the end of the next billing period. The termination can be made electronically or in writing.

6.3.   Ordinary Termination by CANAL+: CANAL+ may ordinarily terminate the subscription with one month's notice at the end of any minimum contract term or, after the expiration of the minimum contract term, with one month's notice at the end of the next calendar month.

6.4.   Extraordinary termination for good cause remains unaffected. CANAL+ is particularly entitled to suspend viewing rights for the subscription or terminate it in writing if:

6.4.1. the customer culpably fails to fulfill one or more obligations under the contract with CANAL+ or these GTC and does not remedy this non-fulfillment within 30 days after CANAL+ has pointed it out, if it is remediable;

6.4.2. CANAL+ is no longer able to transmit CANAL+ products or parts thereof via satellite or another reception method defined at the time of order, or to ensure their reception;

6.4.3. it is no longer reasonable for CANAL+ to continue the subscription with the customer;

6.4.4. the customer is in default of payment of the subscription fees or other payment obligations due to their own fault and not just insignificantly, if CANAL+ has previously reminded the customer unsuccessfully under threat of service interruption or disconnection and with a grace period of at least two weeks.

6.5.   Upon termination of the subscription, access to CANAL+ products will be automatically closed.

6.6.   In the event of termination of the subscription before the end of the agreed minimum contract term due to a culpable breach of duty by the customer, and provided that CANAL+ has unsuccessfully requested the customer in writing to restore the contractual condition with a grace period of at least 14 days, the customer is obligated to pay liquidated damages in the amount of the outstanding subscription fee until the end of the minimum contract term within 14 days of receipt of the invoice.

7.1.   All orders for receiving devices are shipped and delivered to the delivery address specified by the customer in Austria. The risk of loss or damage to the goods passes to the customer only when the goods are delivered to the customer or to a third party designated by the customer, other than the carrier. However, if the customer has concluded the transport contract themselves without using a selection option proposed by us, the risk passes to the customer upon handing over the goods to the carrier.

7.2.   The customer is obliged to follow the instructions in the user manual. CANAL+ is not responsible for any damages resulting from incorrect installation due to actions or omissions that contradict the user manual.

7.3.   In the event that the contract includes the delivery of receiving devices that become the property of the customer, they remain the property of CANAL+ until the customer has paid the total amount owed to CANAL+ under the contract.

7.4.   The prices quoted at the time of ordering include statutory VAT and any shipping expenses incurred. CANAL+ quotes all prices in Euros. If the contract is concluded via the internet, the prices are visible before the contract is concluded in the shopping cart and afterwards in a contract confirmation sent to the customer. If not all ordered receiving devices are immediately available, those that are available will be delivered immediately, and the remaining items will be delivered as soon as they become available. Shipping costs will only be charged once per order, even for partial deliveries.

7.5.   Any delivery period or delivery date specified by CANAL+ is considered an estimated period or date and not a fixed period or date. However, CANAL+ must perform its service no later than 14 days after the specified delivery period or delivery date.

7.6.   In the event of technical problems for which CANAL+ is responsible under the subscription, CANAL+ offers customer service for receiving devices that have been offered and/or certified by CANAL+, provided they are still offered and/or certified by CANAL+ at the time of the problem or were offered and/or certified by CANAL+ up to 2 years before the problem occurred. This does not apply if the customer or a third party has made changes to the hardware and/or software of the receiving device. CANAL+ accepts no liability for damages arising from the use of the offered customer service, except in cases of intent and/or gross negligence by CANAL+.

7.7.   In the event of a change in the encryption system, CANAL+ is entitled to exchange the provided receiving devices at its own expense.

7.8.   If the reception of CANAL+ products is via a smart card provided by a third party, CANAL+ accepts no liability for the functionality of this smart card. For questions about the smart card, please contact the respective smart card provider.

8.1.   The statutory warranty obligations and rights apply, particularly those of §§ 932 ff. ABGB. The warranty is limited to the statutory period of 24 months from the takeover of the product by the customer or, in the case of services, upon completion of the service. In the case of justified complaints about defects, either a free replacement or improvement will be made, for which a reasonable period must be allowed. If an exchange or improvement is not feasible, such as in the case of impossibility, excessive effort, unreasonableness, or delay, the customer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (rescission). Any defects that arise should be reported as soon as possible upon delivery or upon becoming visible; however, failure to report upon delivery or becoming visible does not affect the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, they must inspect the products within 2 weeks of receipt and immediately notify CANAL+ of any defects found. The warranty is to be claimed from the guarantor, usually the manufacturer, and is governed by their terms. Any warranty conditions apply according to the contract confirmation. The statutory warranty is not restricted by the warranty claim.

8.2.   CANAL+ is liable only for intent and gross negligence. Liability for damages caused by slight negligence is excluded, except for personal injury, claims under the Product Liability Act, and breaches of essential contractual obligations, limited to the foreseeable damage typical of the contract. The presence of slight or gross negligence must be proven by the injured party, provided it is not a consumer transaction. The replacement of defect and/or consequential damages, as well as other material, financial, and third-party damages, is excluded, provided it is not a consumer transaction. Claims for recourse within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused within the sphere of CANAL+ and was at least grossly negligent. The customer waives the right to offset, unless they are a consumer.

8.3.   In the event of force majeure, CANAL+ is entitled to suspend its obligations under its contract(s) with the customer. Any prepaid subscription fees will be refunded to the customer in this case. Beyond this, the customer has no claims against CANAL+. Force majeure is understood as any situation independent of the will and/or control of CANAL+. This includes, but is not limited to: power outages and disruptions in satellite delivery, earthquakes, floods, fires, and other natural disasters, as well as the impossibility of performance due to non-performance by third parties due to force majeure.

9.1.   For questions about CANAL+ products, you can contact us through the following channels:

Via the Chat-Function

By email: [email protected]

9.2.   Regardless of the jurisdiction of the courts, the customer can submit disputes or complaints to the regulatory authority (RTR). The RTR strives for an amicable solution and informs the customer and CANAL+ of its view on the matter. Further information, such as procedural guidelines, can be found on the RTR website at www.rtr.at.

9.3.   We are committed to participating in the arbitration procedure of the Internet Ombudsstelle in the event of disputes: www.ombudsstelle.at. More information on the types of procedures can be found at www.ombudsstelle.at. The OS platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr.

10.1.   Account-related information (e.g., payment authorizations, changes to the password or payment method, confirmation and other notifications) will be sent to the customer exclusively in electronic form, such as by email to the email address provided by the customer during the ordering process, or via in-app push notifications.

10.2.   The customer agrees, for contractual purposes, that all consents, notifications, publications, and other communications that CANAL+ sends to the customer electronically to the email address provided by the customer, do not require a written form unless mandatory legal regulations require a different form of communication.

10.3.   As part of the CANAL+ products, we recommend features, products, and content that might be of interest to the customer, determine their preferences, and personalize their experience with CANAL+ products through electronic notifications.

11.1.   The customer is obligated to take measures to prevent individuals under 18 years of age from using the services offered by CANAL+ that, due to their content, could endanger their physical, mental, or moral development. To this end, the customer agrees to use the technical option of activating parental controls provided by the products.

12.1.   CANAL+ is free in the compilation and modification of CANAL+ products and may change the content, order, name, scope, and composition of the CANAL+ product as long as the overall character of the CANAL+ product is maintained, thus ensuring the changes are minor and reasonable. These changes do not entitle the customer to terminate the contract.

13.1.   The subscription is personal and tied to the household at the specified private address. The customer may not transfer their rights and/or obligations under the subscription to a third party without the written consent of CANAL+ or pass on the services they receive under the subscription to third parties or allow third parties to use the services unless such use occurs within the customer's private domain.

13.2.   If the customer moves, they should notify CANAL+ at least 4 weeks in advance to ensure postal deliveries are sent to the customer's current address.

13.3.   CANAL+ is entitled to assign its payment claims against the customer to third parties at any time.

13.4.   The customer can only invoke conditions that deviate from and/or supplement these GTC if and to the extent that these deviating/supplementary conditions have been agreed upon in writing with CANAL+. In such a case, the deviating/supplementary conditions take precedence over these GTC.

13.5.   The contracting parties agree to the application of Austrian law. If the customer has their domicile or habitual residence within Austria or is employed within Austria, any legal action against them can only be brought before the court in whose district the domicile, habitual residence, or place of employment is located; this does not apply to legal disputes that have already arisen.

13.6.   The contract language is German.

13.7.   CANAL+ is entitled to transfer the subscription of the CANAL+ product "Movies & Series" (SVOD) with discharging effect to A1 Telekom Austria AG or its legal successor. CANAL+ must inform the customer about such a transfer and its consequences in accordance with legal requirements. The information about the transfer to the customer will be provided at least one month in advance, unless mandatory legal provisions require a different period.

13.8.   Should any provision of these GTC be invalid, the validity of the remaining provisions shall not be affected.

13.9.   Here you can find the data protection notices and provisions.

13.10. The cancellation policy reproduced at the end of the GTC applies only to consumers within the meaning of § 1 Consumer Protection Act.

As of: May 2024

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (CANAL+, Postfach 38, 1103 Wien or [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory. 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.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen 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.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, take physical possession of the goods. To exercise your right of withdrawal, you must inform us (CANAL+, Postfach 38, 1103 Wien or [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the costs of delivery (except for the additional costs arising from the fact that you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal 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 no event will you incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.