Important Legal Notice: This English translation is provided solely for convenience and to facilitate understanding. It is not legally binding. In the event of any discrepancy, ambiguity or conflict between this translation and the original German-language version, the German-language version shall prevail and shall be the sole legally binding version.

Terms and Conditions — Wedding Photography & Videography by Golden Elephant

These Terms and Conditions govern all related services in connection with wedding photography and videography. Authentic documentary coverage forms part of the overall contractual basis.

Terms and Conditions, effective 1 December 2016, Version 1.0

All business relationships between the Client and Golden Elephant Wedding Photography and/or Daniel Gossmann Photography shall be governed exclusively by the following Terms and Conditions in the version applicable at the time the contract is concluded.

For the purposes of these Terms and Conditions, “photos and videos” means all products created by Golden Elephant Wedding Photography and/or Daniel Gossmann Photography, regardless of the technical format or medium in which they were created or are provided. This includes negatives, printed or exposed photographic prints, printed or exposed images in photo books and wedding albums, digital images in online galleries or on other storage media, and videos with or without audio recordings.

1. Contracting Party and Address

The contracting party for all legal transactions is Golden Elephant Wedding Photography and/or Daniel Gossmann Photography (hereinafter referred to as “GE”), represented by:

Daniel Gossmann
Feldgasse 5/2/9
2485 Wimpassing a.d.L.
Austria

Telephone: +43 699 11 09 15 94
Email: [email protected]
Website: golden-elephant.at

2. Conclusion of the Contract

An offer issued by GE in response to an enquiry regarding availability does not constitute a binding reservation. The Client shall not be bound until the booking has been confirmed in writing, for example by email or through a booking form. Once submitted, the booking is legally binding on the Client. However, GE reserves the right to reject the booking in writing within two working days of receiving the booking declaration in order to avoid potential scheduling conflicts. If GE does not reject the booking within this period, the booking shall be deemed confirmed by GE. By placing an order or accepting an offer from GE, the Client accepts these Terms and Conditions.

3. Prices and Shipping Costs

The agreed fee for the production of photos and videos shall be the fee stated in the written offer. For consumers, the fee includes VAT at the applicable statutory rate.

GE shall confirm the assignment for wedding photography, documentary photography and/or videography by email. The Client agrees that invoices may also be issued by email.

The Client shall be deemed in default following receipt of a payment reminder. Once the Client is in default, interest shall accrue on the outstanding fee at a rate of 10% per annum. The Client may only set off claims or exercise a right of retention in respect of claims that are undisputed or have been finally determined by a court. Reminder fees and the costs of legal intervention, including out-of-court legal costs, shall be borne by the Client.

If the Client requests additional changes during or after the photography or video production, the Client shall bear the associated additional costs. GE shall retain its entitlement to payment for any work already commenced.

If the Client expressly requests an unscheduled extension of the photography or video coverage, a fee shall be charged for each commenced additional hour. The applicable fee shall also be stated in the offer.

If performance of the assignment is delayed for reasons attributable to the Client, or as a result of force majeure or weather conditions, GE may charge a reasonable additional fee. In the event of wilful misconduct or gross negligence on the part of the Client, GE may also claim damages.

GE is not obliged to attend consultation meetings or preliminary meetings. The offer includes only the services expressly listed in it. Any additional services or time shall be invoiced separately.

4. Cancellation Terms

If the Client withdraws from the contract before the agreed photography date, the following cancellation fee shall be payable to GE:

Cancellation following confirmation of the assignment: 30%
Cancellation within six months before the scheduled date: 50%
Cancellation within two months before the scheduled date: 70%

Any statutory rights of withdrawal or cancellation shall remain unaffected.

5. Retention of Title

All supplied materials and other goods, including online galleries, photo books and video files, shall remain the property of GE until the purchase price has been paid in full.

6. Performance of Contractual Obligations

The Client acknowledges that photos and videos are always subject to the artistic discretion and creative style of the photographer carrying out the assignment. Complaints and/or claims of defect relating to GE’s artistic discretion, the shooting location, or the optical and technical methods used in the photography and videography are therefore excluded. Any subsequent changes requested by the Client require a separate agreement and commission and shall be charged separately.

GE cannot guarantee that every guest present at a wedding or other documentary assignment will be photographed or filmed. GE shall independently select the photos and videos to be delivered in fulfilment of the contract and is not bound to provide any specific number of files. The Client shall receive the photos in JPG format and the videos in a commonly used video format. The original files, including RAW image files, unedited video files and the complete recorded footage, shall remain with GE.

GE is not obliged to produce videos containing recorded sound. Background music shall consist of licensed music supplied by “Artlist”. Due to copyright restrictions, chart music is expressly excluded and may not be used by GE.

GE is under no obligation to archive permanently any photographic or video material created during a production.

7. Warranty and Liability

Claims for damages against GE arising from delay, impossibility of performance, or breach of statutory and/or contractual ancillary or protective obligations in connection with the conclusion of the contract are excluded unless the damage was caused by wilful misconduct or gross negligence on the part of GE.

Bookings are organised, allocated and carried out with great care. However, if exceptional circumstances such as illness, a traffic accident, environmental conditions, traffic disruption or similar events affecting GE or members of GE’s family prevent GE from attending the agreed photography date, GE shall not be liable for any resulting damage, loss or consequences. If GE becomes unavailable at short notice due to force majeure, GE shall, at the Client’s request, endeavour to find a replacement photographer who will provide the services independently and invoice the Client directly. The Client shall have no legal entitlement to a replacement photographer.

GE shall not be liable for the loss of stored data or digital photos and videos. GE shall not compensate the Client for damage caused by transferring supplied data to a computer.

GE is entitled to engage external laboratories, photo-book manufacturers, wedding-album producers, printing companies, video producers and similar service providers. GE is also entitled to perform assignments using its own staff or external subcontractors.

GE shall be liable only for its own fault and only in cases of wilful misconduct or gross negligence. Any claim for damages exceeding the material value of the goods concerned is excluded.

Complaints of any kind must be submitted to GE in writing within seven days after the photos, videos or other work have been delivered. After this period, the photos and videos shall be deemed accepted as contractually compliant and free from defects. Technically faultless photos and videos that may fail to meet the Client’s expectations solely because of differing views regarding GE’s artistic approach do not constitute a defect.

Where photo books are ordered, the production company selected by GE shall be responsible for the lightfastness and durability of the photographs within the scope of its own warranty. GE accepts no liability for discolouration in the fold area or on the front or back covers of photo books and wedding albums.

If a supplied product is defective, the Client must notify GE immediately in writing. GE shall promptly contact the production company and endeavour to find a solution.

Colour variations may occur between reproductions, repeat orders or enlargements and the original or first set of images. Such variations do not constitute a defect and do not give rise to a valid complaint.

8. Rights of Use and Copyright

All rights of use and copyrights shall remain exclusively with GE even after a contractual agreement has been concluded. All rights in audio and visual material, including copyright, shall remain entirely with GE.

Whenever the contractual partner uses the photos or videos, including by reproducing, distributing or broadcasting them, the contractual partner must display the creator credit and/or copyright notice within the meaning of the Universal Copyright Convention clearly, legibly and visibly, without abbreviation and in standard lettering, immediately next to the relevant photos or videos and in a manner that clearly identifies the credit as relating to them, as follows: “ www.golden-elephant.at

This requirement shall also apply where the photo or video itself does not bear a creator credit. In all cases, this provision shall be deemed to constitute the display of the creator credit within the meaning of Section 74(3) of the Austrian Copyright Act (UrhG).

Any alteration of the photos or videos requires the photographer’s prior written consent. The Client acquires only the rights to use the photos and videos for private purposes. The Client is granted the right to reproduce them and share them with third parties for private purposes. The rights of use shall not pass to the Client until GE’s fee has been paid in full.

Any commercial use, commercial resale or commercial rental of GE’s products, as well as their use in public performances or photography competitions, requires GE’s prior written consent in every case.

The Client may not technically alter the photos or videos supplied by GE or obscure GE’s visual style. This applies in particular when the photos or videos are published online.

GE may use the photos and videos for its own promotional and editorial purposes, including exhibitions, trade fairs, websites, blogs, Facebook and specialist publications relating to photography or weddings. In addition, the Client expressly consents to GE making the photos and videos it creates available for use by GE’s partner companies, including, but not limited to, Hochzeit.ai, Branding Identity and other comparable partners. These partner companies may use the photos and videos in connection with their services, particularly for the creation of personalised products, marketing materials or other creative content. By signing the contract, the Client expressly consents to such use.

9. Data Protection

Where personal data is disclosed to GE in connection with a contractual relationship, GE is entitled to store and process that data for the performance of the contract and for further communications by GE. The Client expressly consents to this. Further details are set out in the Privacy Policy.

10. Special Provisions for Appointments with External Third Parties

Appointments with external third parties, including clergy, wedding planners and event organisers, do not form part of GE’s services. The Client is solely responsible for arranging, coordinating and attending such appointments. GE shall not attend these appointments and accepts no responsibility for appointments, changes or cancellations caused by external third parties.

11. Severability

If any provision of these Terms and Conditions is legally invalid or becomes invalid during the term of the contract, the validity of the remaining provisions shall not be affected. Once the parties become aware of the invalidity, they undertake to replace the invalid provision without delay with a legally valid provision that achieves the same economic purpose, or an economic purpose as close as possible to that of the invalid provision.

11. Governing Law, Written Form, Partial Invalidity and Jurisdiction

Austrian law shall apply exclusively. In the case of deliveries, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. This shall also apply to activities carried out or publications made outside Austria.

Oral side agreements shall have no effect. Any agreement amending or supplementing the contract must be made in writing. This requirement also applies to any amendment of the written-form requirement itself.

To the extent permitted by law, the place of performance shall be 2485 Wimpassing. To the extent permitted by law, the Regional Court of Eisenstadt shall have jurisdiction over all disputes arising from the contractual relationship.