1 VALIDITY/ GENERAL

(2) The contractor can take the photographs himself or have them taken by third parties.

(3) "Photographs" within the meaning of these GTC are all products manufactured by the 
contractor, regardless of the technical form or medium in which they were created or are 
available (paper images, images on canvas, images in digitized form on CD/DVD or other 
storage media, Slide positives, negatives, etc.). The client acknowledges that the 
photographic material supplied by the contractor is copyrighted photographic work within 
the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.

(4) Unless the client has given express instructions regarding the design of the photos, the
contractor is free to choose the image(s) and the artistic and technical design. Complaints in
this regard are ruled out.

(5) In the case of photographs of people and objects to which third-party copyrights,
property rights or other third-party rights exist, the client is obliged to obtain the consent of
the rights holders and the persons depicted, required for the production and use of the
images.

(6) The basis for the contract is the respective quote from the contractor, in which all agreed
services and the remuneration are specified. These quotes from the contractor are subject
to change and non-binding.

(7) The contract is concluded with the written acceptance of the offered order. Written
submission by email is accepted and binding upon confirmation by the contractor.

(8) The services offered by the contractor are to be checked by the client and confirmed in
writing or by paying the advance booking fee.

2 RIGHTS OF USE AND COPYRIGHT
(1) The photographer owns the exclusive copyright to all photos taken as part of the
respective assignment. Copyrights are not transferable under copyright law.

(2) The contractor transfers a simple right of use of the photos to the client. This only
includes private, non-commercial use. Any change, further processing (e.g., by photo
composing, assembly or by electronic aids to create a new copyrighted work) of the photos
supplied requires the express approval of the contractor. The same applies to the transfer of
rights of use to third parties, which the client is fundamentally not permitted to do.

(3) Subsequent commercial/industrial use of the photographic works - in whatever form - by
the client himself or by third parties can only be carried out with the prior written consent of
the contractor. This also applies to image files that have been digitally or otherwise altered
or alienated by the client or third parties. (4) The rights of use to be transferred are only
transferred after full payment of the agreed fee in the form of photo downloads or as
agreed.

(5) If the photographer grants permission to use the photos, he must be named as the
author of the photograph in any publication (© photo: renevanbakel.photo). Violation of the
right to be named, entitles the photographer to compensation.

(5.1) if the source of the image is not documented, the contractor is entitled to charge a 
surcharge of 100% on the corresponding image fee. This also applies to other 
photographers working for the contractor if only the photographer but not the contractor is 
named. This must be done like this: © photo: name photographer/renevanbakel.photo. 
If no image fee was determined, the minimum compensation is EUR 1,500.00 per image. 
The same applies to the publication of other material, e.g., video(s), text(s) and the like.

(6) The client will only receive edited high-resolution image material in JPG format. The
submission of unedited, digital raw data (RAW) is excluded. The minimum number is
determined in the confirmed offer. The storage of the digital image data is not part of the
order. The storage is therefore without guarantee.

(7) Individual variations from the rights of use and copyrights and special conditions for
persons of contemporary history must be agreed in writing.

The photographer is permitted to use all image material for his own advertising purposes. 
For example, in advertisements, brochures, magazine articles, websites, social/digital media, 
sample albums, etc. (the list is endless), unless otherwise agreed upon in writing. 

3 COMPENSATIONS
(1) For the production of the photos, a fee will be charged as an hourly rate, daily rate or
agreed flat rate packages excluding statutory VAT (20%) and plus any travel expenses.

(2) Due invoices are to be paid within 14 days without delay. Until the purchase fee has been 
paid in full, the delivered photos remain the property of the contractor and no rights are 
granted.

(3) If the time provided for the execution of the order is significantly exceeded for reasons
for which the contractor or his vicarious agent(s) are not responsible, or if it is extended at
the request of the customer, if an All-inclusive price was agreed based on a time frame, the
contractor's fee will increase corresponding to the additional time required. If a time fee is
agreed, the contractor will also receive the agreed hourly or daily rate for the waiting time,
unless the client can prove that the contractor has not suffered any damage.

(4) Booking Fee / Deposit Payments: A non-refundable booking fee of 30% as well as full
acceptance of the terms and conditions as published on the photographer's website secures
the time and services of the Photographer for the wedding/event and is nonrefundable or
transferable in the event of cancellation, it being the agreed loss suffered by the
photographer due to cancellation. The booking fee will be deducted from the cost of the
client's chosen package when calculating the final balance due. A second payment of 30% is 
due one month prior to the wedding/event. The remaining balance is due after the event 
but before the delivery of any artwork or albums.

(5) The Client may cancel this contract at any time by giving written notice to The
Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks 
before the wedding will result in the payment in full becoming due. All cancellations must be 
in writing.

NOTE: For wedding/events/events/photoshoots that can be rescheduled to a later date, the 
client will retain the fee, but only if the photographer is able to reschedule the new date and 
time and the new date is within 5 months of the original wedding/event/event date. 
Otherwise, the fee falls entirely to the contractor.

4 LIMITATION / TRANSFER OF RISK
(1) The contractor himself and/or his vicarious agents can only be held liable for damage of
any kind during the performance of the contract, in the event of proven intent and gross
negligence. Instructions to the client(s), their guests or employees during a photo shoot are
at their own risk. The photographer cannot be held responsible for personal accidents
during a photo shoot.

(2) Force Majeure or Act of God - The due performance of this contract is subject to
alteration or cancellation by either party owing to any cause beyond their control. Although
all equipment is checked regularly and reasonable steps are taken to ensure backup 
equipment is available, the photographer will not be responsible for photographs that are 
not produced due to technical failure.

(3) The contractor is not liable for damage, defects or loss caused by subcontractors or
suppliers who provide their services on their own account.

(4) Inability to Attend – In the unlikely event of the assigned Photographer being unable to
attend your wedding due to unforeseen circumstances, we reserve the right to appoint
another photographer to attend your wedding on our behalf to undertake the wedding
photography to his/her best ability.

(5) The organization and allocation of bookings to the contractor, as well as the execution, is
carried out with the greatest care. However, if, due to circumstances for which the
contractor is not responsible (e.g., sudden illness, traffic accident, environmental influences,
traffic disruptions, etc.), no photographer appears at the agreed photo session or arrives too
late, no liability can be accepted for any resulting damage or consequences be taken over.

(6) Limitation of Liability – In the unlikely event of a total photographic failure or cancellation
of this contract by either party or in any other circumstance the liability of one party to the
other shall be limited to the total value of the contract. Neither party shall be liable for
indirect or consequential loss.

(7) Delivery dates for photos are only binding if they have been expressly confirmed by the
contractor. The contractor is only liable for exceeding the deadline in the case of proven
intent and/or gross negligence.

(8) Complaints of any kind must be received by the contractor within 14 days of delivery of
the images. After the deadline has expired, the images are deemed to have been accepted
in accordance with the contract and are free of defects.

5 PRIVACY LAW
The client agrees that his personal data required for business transactions will be stored. 
The contractor undertakes to treat all information that has become known to him within the 
framework of the order confidentially. Data will not be passed on to third parties unless this 
is necessary to carry out the order.

FINAL PROVISIONS / SEVERABILITY CLAUSE
(1) The law of the Federal Republic of Austria applies exclusively.

(2) Additional agreements to the contract do not exist and, if subsequently desired, must be
in writing to be effective.

(3) The place of jurisdiction for all disputes arising from the contractual relationship is the 
Commercial Court of Vienna or, in the district court proceedings of the BG for commercial 
matters in Vienna. 

(4) Should a provision of these General Terms and Conditions be or become invalid, or
should the conditions contain a gap, the legal validity of the remaining provisions shall
remain unaffected. Instead of the ineffective provision, an effective provision shall be
deemed to have been agreed which comes as close as possible to the economic intent of
the parties; the same applies in the event of a gap