Photobox Berlin Terms and Conditions

Scope of Application
These General Terms and Conditions apply to all contracts for the rental of photo booths by Fotobox-Berlin-Mieten.de (hereinafter referred to as "Contractor") to consumers (Section 13 of the German Civil Code) and businesses (Section 14 of the German Civil Code). Any differing terms and conditions of the Client shall not apply unless the Contractor expressly agrees to their validity in writing. By booking the service, or at the latest upon payment of the reservation fee, the Client accepts these General Terms and Conditions.

Scope of Contract
The scope of contractual services is defined in the written contract and the service description. The contractor is entitled to provide equivalent replacement equipment if this is necessary or expedient and does not constitute a significant reduction in performance.

Rental Terms
(1) The subject of this contract is the temporary rental of the photo booth(s) and accessories specified in the contract.
(2) The rental period is the period stipulated in the contract. Early return does not reduce the rental price.
(3) The client is obligated to use and secure the rented item properly. The rented item may not be operated outdoors without written consent.
(4) The client is liable for damage, loss, or theft of the rented item during the rental period – even in cases of third-party negligence. The client also bears the risk in cases of force majeure.
(5) The rented items are the property of the contractor and may not be sold, pledged, or sublet.
(6) The equipment may not be structurally or technically modified.
(7) The client is responsible for ensuring a stable power supply. Damages resulting from power outages or fluctuations are the responsibility of the client.
(8) The client shall ensure that all necessary permits for operation are obtained and that all legal regulations are complied with.
(9) In the event of damage, the client shall also be liable for consequential damages such as lost rental income.
(10) The client undertakes to adequately insure against the risks (theft, damage, etc.).
(11) Defects in the rented item must be reported immediately. Otherwise, warranty rights shall be forfeited.
(12) The client's claim for damages is limited to the rental price.

Services
(1) The client shall be responsible for the security of the rented property for the entire rental period, including during periods of use and rest.
(2) The client shall designate a responsible contact person on site.
(3) Setup and operation shall be carried out in consultation with the venue management.

Cancellation / Termination
(1) The client may cancel in writing up to 2 days before the rental period begins. After that, 100% of the rental price will be charged as a cancellation fee.
(2) The contractor may terminate the contract without notice if: – the rented item is used contrary to the contract, – there is a payment default, – force majeure makes performance impossible, – safety regulations are disregarded.
(3) Consumers have a right of withdrawal under distance selling regulations (see point 11). This right expires prematurely if the service has been fully performed at the express request of the client before the end of the withdrawal period.

Collection / Delivery
If the agreed rental period is not adhered to for reasons attributable to the contractor, the client may withdraw from the contract. Compensation for damages is excluded.

Return
(1) The rented item must be returned complete, fully functional, and clean. Otherwise, the client will be responsible for cleaning costs.
(2) The replacement value will be charged for defective, lost, or soiled props.
(3) If the return is delayed or not carried out properly, the full rental price remains payable.
(4) Valuables left in the photo booth are not the responsibility of the contractor.

Payment Terms
(1) Invoices are due within 7 days of receipt without deduction.
(2) The booking is only binding upon receipt of payment. If payment is not received, there is no obligation to provide the service.
(3) The contractor may require a security deposit.
(4) In case of late payment, the contractor may block access to online galleries and charge reminder fees and default interest at a rate of 10% per annum.

Limitation of Liability
(1) The contractor shall only be liable for damages in cases of intent or gross negligence.
(2) No liability shall be accepted for: – technical failures due to external causes, – data loss, – missing or incorrect consents from third parties, – disruptions caused by force majeure.
(3) The client assumes responsibility for the use of the rented equipment and its results.

Urheber- und Nutzungsrechte
(1) Der Auftragnehmer behält sämtliche Urheberrechte an erstellten Bildern.
(2) Der Auftraggeber erhält ein einfaches Nutzungsrecht für private, nicht-kommerzielle Zwecke. Eine gewerbliche Nutzung bedarf schriftlicher Genehmigung.
(3) Die Herausgabe von Rohdaten erfolgt nur nach gesonderter Vereinbarung.
(4) Der Auftraggeber ist verpflichtet, Gäste über Fotoaufnahmen und Online-Galerien zu informieren und ggf. Einwilligungen einzuholen.
(5) Online-Galerien werden mindestens 2 Wochen bereitgestellt, können danach gelöscht werden.
(6) Auf Wunsch kann eine vorzeitige Löschung einzelner Bilder per E-Mail beantragt werden.

Right of Withdrawal (for consumers)
(1) Consumers have the right to withdraw from this contract within 14 days without giving any reason.
(2) The withdrawal period is 14 days from the date of conclusion of the contract. (3)
The withdrawal notice should be sent to: David Wagner, Fotobox-Berlin-Mieten.de, Gärtnerstraße 9, 13055 Berlin or by email to kontakt@fotobox-berlin-mieten.de
(4) Services already rendered before withdrawal must be paid in full.
(5) The right of withdrawal expires if the service has been fully rendered before the end of the withdrawal period and the client has expressly agreed to this.

Data Protection
(1) Personal data is stored for contract processing and will not be passed on to third parties.
(2) Details on data processing can be found in the Data Protection Declaration.

Final Provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction is Berlin, provided the client is a merchant.
(3) Amendments must be in writing. This also applies to the cancellation of this clause.
(4) Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

Note: These terms and conditions apply in the version valid at the time of contract conclusion. For questions or requests for changes, please contact kontakt@fotobox-berlin-mieten.de