Terms and conditions
General Terms and Conditions, Version 1.0
All business relationships between the client and Daniel Gossmann Photography shall be governed exclusively by the General Terms and Conditions described below in the version applicable at the time the contract is concluded.
“Photos and videos” within the meaning of these GTC are all products produced by Daniel Gossmann Photography, regardless of the technical form or medium in which they were created or exist. (negatives, printed or exposed paper images, printed or exposed images, digital images in online galleries or on other data carriers, videos with or without sound recordings, etc.).
1. Contractual partner, address
1.1 The contractual partner for all legal transactions is Daniel Gossmann Photography (DG), represented by Mr. Daniel Gossmann.
Contact information:
Daniel Gossmann
Telephone: +43699 11 09 15 94
Email: info@daniel-gossmann.com
Web: www.danielgossmann.com
Address:
Feldgasse 5/2/9,
2485 Wimpassing a.d.L.
Austria
2 Conclusion of contract
2.1 An offer from DG does not constitute a binding reservation of the appointment. A commitment is only made after a written order has been placed by the client. Acceptance of an offer shall be deemed as consent to these GTC. Orders can also be confirmed by e-mail or verbally, whereby a confirmation by e-mail or telephone is deemed to be legally binding.
3. Prices, shipping costs
3.1 The agreed fee for the production of photos and videos shall apply in accordance with the offer submitted in writing. The fee is exclusive of the applicable value added tax.
3.2 The client agrees to receive invoices by e-mail under certain circumstances.
3.3 After a reminder, the client shall be in default. After default has occurred, interest of 10% p.a. shall be charged on the fee. Offsetting or exercising the right of retention shall only be permitted against undisputed or legally established claims of the client. Reminder fees and the costs of legal intervention (including out of court) shall be borne by the client.
3.4 If the client requests additional changes during or after the recording production, he shall bear the additional costs. DG shall retain the right to remuneration for work already begun.
3.5 For a spontaneous extension of recording productions at the express request of the client, a fee shall be charged for the hour of extension commenced.
3.6 If the execution of the order is delayed for reasons for which the client is responsible or as a result of force majeure or weather conditions, DG may demand an appropriate increase in the fee. In the event of intent or gross negligence on the part of the client, DG may also assert claims for damages.
3.7 DG is not obliged to attend consultation appointments or preliminary meetings. Only the explicitly listed services are included in the offer. All additional services and times will be invoiced separately.
4. Cancellation conditions
4.1 Cancellations shall be remunerated as follows:
From order confirmation: 30%
Up to 6 months before the date: 40%
Up to 1 month before the date: 50%
Statutory rights of withdrawal remain unaffected.
5. Retention of ownership
5.1 The delivered materials remain the property of DG until full payment has been made.
6. Execution of the contractual obligations
6.1 DG’s scope for artistic design is not subject to complaint. Subsequent requests for changes are subject to a charge. The client shall receive the photos in JPG image format and the videos in standard video format; the original files (RAW images and raw video files as well as the video recordings in their entirety) shall remain with DG. It is not guaranteed that videos with sound recordings will be created. DG does not undertake to archive the material permanently.
7 Warranty/liability
7.1 DG is not liable for damages caused by force majeure, illness or other circumstances. Claims for damages are excluded unless the damage was caused by gross negligence or willful misconduct. Complaints must be made in writing within 7 days of delivery.
7.2 Claims for damages against DG arising from delay, impossibility of performance, breach of statutory and/or contractual ancillary and protective obligations upon conclusion of the contract are excluded, unless the damage was caused by gross negligence or willful misconduct on the part of GE.
7.3 The organization, allocation and execution of bookings are carried out with great care. However, should DG fail to appear at the agreed photo appointment due to special circumstances, such as illness, traffic accidents, environmental influences, traffic disruptions, etc. (including those of family members of DG), no liability can be accepted for any resulting damages, losses or consequences.
7.4 Should DG be unable to appear at short notice due to force majeure, they shall endeavor (if requested by the customer) to find a replacement photographer who shall provide their services at their own expense. However, there is no entitlement to this.
7.5 DG is not liable for the loss of stored data and digital photos and videos. DG shall not be liable for any damage caused by the transfer of delivered data to a computer.
7.6 DG is entitled to commission external service providers, e.g. for retouching, photographers or videographers. DG is also entitled to carry out the orders using its own personnel or using external services.
7.7 DG shall only be liable for its own fault and only for intentional or grossly negligent behavior.
7.8 Compensation for damages in excess of the material value is excluded.
7.9 Complaints of any kind must be made in writing to DG within 7 days of handover of the photos and videos or the work. Thereafter, the photos and videos shall be deemed to have been accepted in accordance with the contract and free of defects.
7.10 Technically flawless photos and videos that may lead to disappointed expectations on the part of the client due to different views on the artistic design by DG do not constitute a defect.
7.11 DG accepts no liability for injuries suffered by participants during the photo or video production or afterwards. Each person has the unrestricted right to refuse poses or photo situations and is responsible for their own participation. Participation is at the participant’s own risk and responsibility. Any claims against DG due to injuries or other health impairments are excluded.
7.12 The client is obliged to obtain all necessary permits for the use of locations and protected buildings. This obligation also applies if the location was suggested by the photographer. DG accepts no liability whatsoever for claims by third parties arising from the use of such locations without the necessary permits. The client shall indemnify DG against any third-party claims. This provision complies with the legal requirements under Austrian and EU law and serves to protect and benefit the photographer.
7.13 DG shall not be liable for infringements of third-party rights and the client shall indemnify DG against any such claims.
8 Rights of use and copyrights
8.1 All copyrights shall remain the exclusive property of DG, even after the conclusion of a contractual agreement. Audio, image and copyrights remain with DG in their entirety.
8.2 For each use (reproduction, distribution, broadcast, etc.), the contractual partner is obliged to clearly and legibly (visibly) affix the producer’s name or copyright notice in the sense of the WURA (Universal Copyright Convention), in particular not shortened and in normal letters, directly next to the photos and videos and clearly assignable to them as follows: “www.daniel-gossmann.com”. This also applies if the photo and video is not provided with a manufacturer’s designation. In any case, this provision shall be deemed to be the affixing of the producer’s name within the meaning of Section § 74 Abs. 3 UrhG.
8.3 Any modification of the photos and videos requires the written consent of the photographer.
8.4 The rights of use shall only be transferred to the client after full payment of the fee to DG.
8.5 Rights of use in general, if the client is a private individual: The client acquires the rights of use to the photos and videos exclusively for private use. The right to reproduce and pass on to third parties is granted exclusively for private purposes. Any commercial use requires the express written permission of DG.
8.6 Rights of use in general if the client is a company: Unless expressly agreed otherwise, companies do not acquire any rights of use at the price stated in the offer. Commercial rights of use must be contractually agreed separately and always require the written approval of DG.
8.7 The client may not technically alter the photos and videos supplied by DG or disguise DG’s style. This applies in particular to the publication of photos and videos on the internet.
8.8 DG may use any photos and videos without restriction (e.g. for exhibitions, trade fairs, homepage, blog, social media channels, photo books, merchandising, specialist photography magazines or press articles about the photographer or the company, etc.). The client(s) shall give their express consent to this. In the case of publications, the client is not entitled to make any further claims, not even against third parties (e.g. publishers, providers, webmasters). DG is entitled to store the photos and videos produced in modified and unmodified form on any type of storage media as well as in print without any restrictions in terms of time, location or content. The client shall indemnify DG against any third-party claims resulting from the use of the photos and videos in accordance with this provision.
8.9 The client is responsible for obtaining all necessary consents from the persons depicted in the photos (model release). By booking Daniel Gossmann Photography, the client confirms that these consents have been obtained and that all legal obligations in this regard have been fulfilled. DG assumes no liability for missing consents and is indemnified against any claims by third parties. Obtaining consent also includes the scope of use described in section 8.9. The client irrevocably gives his express consent to this. All persons depicted must have reached the age of 18. The client is obliged to check and guarantee this. DG is not obliged to verify the age of the persons depicted. If a person depicted is not of legal age, the client must inform DG in writing and explicitly point this out. Any liability on the part of DG for non-compliance with this provision is excluded.
8.10 The client is responsible for obtaining all necessary consents to fully comply with DG’s GTC. General media accreditation regulations for various events, functions, concerts etc. do not apply to DG. When the order is placed, the GTC of Daniel Gossmann apply exclusively. DG accepts no liability for future claims by third parties or lack of consent and is indemnified against any claims by third parties. This includes in particular the consents in accordance with section 8.9. The client irrevocably gives his express consent to this.
9. Data protection
9.1 Personal data is stored for contract processing and communication measures. Further details can be found in the privacy policy at daniel-gossmann.com. Processing is carried out in accordance with the General Data Protection Regulation (GDPR). Data subjects have the right to information, correction, deletion and restriction of the processing of their data.
10. Special agreements for external parties
10.1 Appointments with external third parties are not part of DG’s services and are organized by the client.
11. Translations
11.1 These General Terms and Conditions and all other content on the website (daniel-gossmann.com) are written in German, which is binding for all matters relating to them. Any version of these Terms and Conditions and any other content on the Website (daniel-gossmann.com) in any other language is for convenience only and shall have no legal effect. For the avoidance of doubt, the German language version of these Terms and Conditions and all other content on the website (daniel-gossmann.com) takes precedence over any other language version.
12. Severability clause
12.1 Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed to have been agreed which comes closest to the economic purpose of the invalid or unenforceable provision.
13 Applicable law, written form, partial invalidity, place of jurisdiction
13.1 Austrian law shall apply exclusively. All amendments to the GTC must be made in writing; this also applies to any waiver of formal requirements. Verbal collateral agreements are invalid. The place of jurisdiction is, as far as legally permissible, the Eisenstadt Regional Court