Hire Agreement – Terms and Conditons
The Provider
Photo-Booths Benelux BVBA is registered under the following name and address: Photo-Booths Benelux BVBA, 35 Congresstraat, 1000, Brussels, Belgium. Company Registration Number: 0683.832.380. VAT Number: BE0683.832.380.
The Customer
The person or company booking the Photo Booth for the event, as specified in the Booking Confirmation.
The Photo Booth Equipment / The equipment
The equipment consists of the whole contents of the Photo Booth and additional extras: Sharing Point, dress-up accessories, photographic backdrops, additional photographic lamps and cables. The contents of the additional extras may vary from rental to rental and will be determined during the booking confirmation process.
The Hire Agreement
The following Hire Agreement and its terms comprise an agreement between the Provider and the Customer for the hire of the Photo Booth for the date and time specified in the accepted Booking Confirmation. The customer is deemed to have accepted the quote for the photo booth rental, and other terms such as delivery, which have been quoted at the time of placing the order. These Hire Agreement will remain in place on the website and can be accessed by the customer at any time. The Hire Agreement displayed on the website at the time of booking the event shall apply to the Customer’s booking. We reserve the right to amend or update the following Hire Agreement at any time and any subsequent bookings made by the Customer shall be governed by such terms. The Provider reserves the right to alter pricing on printed literature and website at any time without prior warning, but this will not affect bookings which have been confirmed by the Provider.
Service
The Provider agrees to provide a Photo Booth operational and available for use for a minimum of 95% of the agreed service period included in the accepted Booking Confirmation Form, to permit maintenance of the Photo Booth should any be necessary. The Provider takes the utmost care regarding equipment function, photo quality, and printing. However, due to the nature of technology, and adding paper/ink some downtime may occur. The Provider will refund a pro-rated amount of the rental price for any downtime beyond the stated 95% of agreed service period, caused by equipment malfunction. It is a sole responsibility of the Customer to inform the Provider of any downtime or malfunctions of the Photo Booth equipment during the event via a text message or a phone call. If the issue has not been reported during the event a pro-rated refund will not be issued and the Provider will not be held accountable for the downtime. Where the rental includes a photographic printer and for any reason printed photographs cannot be provided on site at the time of the event, the Provider will deliver printed copy of each print by post, free of charge.
Access, space and power requirements
Photo Booth will arrive at event venue approximately one hour before scheduled rental start time to setup equipment and make sure that everything is operational. It is the sole responsibility of the client to secure permission of the event venue for Photo Booth to setup and operate the Photo Booth at this event. The Photo Booth area needed is approximately 3m x 3m, and 2m in height, levelled ground that is indoor (unless otherwise agreed) and requires access to an electrical outlet maximum 10m from the Photo Booth. The Client is responsible to inform the Provider of any restrictions at the site that may affect the setup or operation of the Photo Booth and/or the Provider’s ability to adequately perform their duties. The Client understands that such restrictions may adversely affect the overall experience and/or quality of photos, and that the Provider is not responsible for the consequences of such restrictions. The Photo Booth will be supervised remotely from the start of the event till it’s termination. A dedicated person will be on hand in the event of any technical issues or other problems concerning the Photo Booth. The Social Sharing Point requires an internet connection for its social media features, which shall be the Provider’s responsibility to provide. However, the speed of connection is dependent upon the service provider of mobile internet and The Provider cannot be held liable for any delays in connection or connection failures as a result of using a mobile internet technology. In a rare occurrence that the Photo Booth is not delivered on scheduled time by the Provider, the renting period may be extended to the time difference between the scheduled time and the time that the Photo Booth was fully operational. However, if the Provider is unable to install the Photo Booth on time due to access restrictions the hire period will remain unchanged.
Use of the Equipment
The photo booth equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with the Provider’s instructions or manuals. The Customer shall not operate or use the Equipment or permit it to be operated or used in a violation of law and/or operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment. The photo booth equipment shall not be used by children unaccompanied by responsible adult.
Payments
In the case of a booking made by a private person, the Customer will be required to secure the booking with a deposit of 100 euros. The customer is required to send a booking form must and the booking form needs to be received by the Provider. The Provider will notify the Customer if the order has been accepted for the dates specified on the Booking Confirmation Form. In the rare instance of a double booking, we the Provider will notify the Customer and reimburse the full deposit cost within 14 days. A contract for the hire of the photo booth only comes into effect once the Provider has confirmed the booking. The remaining balance must be paid 14 days prior to the event, unless the booking has been made less than 14 days before the event. In such instance, the payment needs to be made before the event commences. Failure to pay the balance by the start time may result in the cancellation of order. Provided that no loss or damage has been caused during the rental period, the security deposit will be refunded within 7 days after the event. If the Customer has special requirements not covered in the initial offer sent, the Provider reserves the right to increase the security deposit required to complete the booking process.
In the case of a booking by a company, the provider will issue an invoice with 14 days payment period. The provider reserves the right to charge interest on all overdue balances at 3% per month of balance overdue. Approved credit accounts will be added after 14 days from invoice date and will be subject to late payment interest. There is no security deposit required for the company bookings.
Refunds
The Customer is not entitled to a refund of any part of the hire charge where the hire period has ended early due to the Photo Booth being damaged, lost or stolen during the hire period or any breach by the Customer of these Terms and Conditions of hire. If no service is received, the Provider’s maximum liability will be the return of all payments received from the Customer. The Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement. The Provider cannot be held responsible for weather, destruction of equipment due to acts of god, or lost images due to technical failure, including but not limited to: accident, human error, loss of materials, damage to materials, damaged from processing, camera malfunction, materials lost in the mail, fire, equipment problems, memory card or hard drive failure or corruption, or other failures.
Cancellation
In the event that the Customer is a private person and decides to cancel an agreed rental of the Photo Booth the deposit paid will be forfeit. If the Customer is a company and the person on the behalf of the company requests to cancel the hire in less than 30 days before the actual rental period, the Provider will charge the full amount of the rental. If a booking is rescheduled for another date a cancellation fee won’t be charged if the following conditions are fulfilled. Any request to alter the agreed date of the rental of the Photo Booth must be made in writing and at least 30 days prior to the Customer’s event. Any change of date is subject to the availability of the Photo Booth on the alternative date and receipt of a new booking contract.
Termination of Hire
The Provider will not tolerate any abuse or threatening behaviour to any of staff or abuse of the photo booth equipment. If this occurs the Provider retains the right to terminate the hire immediately. This applies equally to the Customer and event’s guests. The Provider may terminate the hire in cases where staff are of the reasonable view that the equipment belonging to the Provider is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the photo booth(s). The Provider will tolerate unruly behaviour to an extent and liaise with the customer first to try to resolve the matter before any termination is enacted. If the Provider terminates the hire, for any reason, the full hire charge will remain due and the Provider will not issue any refunds for any period of hire not provided. The Provider also reserves the right to terminate the Hire Agreement at any time if the Customer is declared bankrupt or enters into any arrangement with creditors. The Provider is also entitled to terminate the hire immediately where the Provider has reasonable grounds to believe that the Customer have acted in breach of this Hire Agreement.
Loss or damage to Provider’s equipment
The Customer assumes complete responsibility for any loss of or damage to the Provider’s equipment (other than fair wear and tear) caused by any misuse of the equipment between agreed delivery and collection times of the Photo Booth equipment. The Customer shall be responsible for any loss of or damage to the Provider’s equipment caused by Theft, Fire, Flood or Accidental Damage. The Provider’s invoice for replacement or repair is conclusive as to the amount the Customer shall pay under this paragraph for repair or replacement. The Customer shall not remove the equipment from the address of the location of event specified during the booking confirmation process, nor move the Photo Booth equipment inside of the location. The Customer shall allow the Provider to enter the location at which the Photo Booth equipment is stored or used at all reasonable times to locate and inspect the state and condition of the Photo Booth equipment. If the Customer is in default of any of the terms and conditions of this agreement, the Provider, and his employees, at the Customer’s risk, cost and expense may at any time enter the premises where the equipment is stored or used at all time and recover the equipment.
Limitation of liability
The Provider cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to the Customer howsoever arising. The Provider shall not be held liable for any failure or delay in performing the service and hiring the photo booth where such failure arises as a result of a Force Majeure event. In such circumstances the Provider’s liability shall be limited to a pro rata refund of the deposit where applicable. The Provider does not make any representation or guarantee that use of the photo booth in any promotional context will generate revenue or customers for the Customer or the Customer’s business. The Provider shall not be liable for any misrepresentations other than fraudulent misrepresentations. The Customer will indemnify provider against any and all liability associated with the use of pictures taken within the Photo Booth, its representatives, employees or affiliates at Customers event. The Customer will indemnify the Provider from the time of the start of the event times and on into the future, against any liability associated with Customer or its guests. The Customer agrees to indemnify the Provider for any damage or theft of the Providers equipment whilst on the equipment is on the event site/location. The Provider accepts no liability for any damage or loss of personnel property and or any injury arising from the use of the hired equipment. The Provider does not accept responsibility for failure to provide services or equipment due to any incident or event out of the hire provider’s control. The Customer acknowledges that they will be fully responsible for any damage or loss to the Provider’s equipment through either misuse, damage, or loss of equipment by the Customer, its guest or event hosting personnel.
Copyrights and privacy policy
All persons using the Photo Booth at the Customer’s Event give to The Provider the right and permission to copyright, store and reproduce any photographs and digital media of any Photo Booth user who may be included in whole or in part for the purpose of the Photo Booth functioning, digital data collection and processing as well as sharing any digital material with the Customer in any form agreed via booking confirmation or e-mail. When sharing the photos via the main screen of the Photo Booth or Sharing Point, all Photo Booth users at the Customer’s Event will be asked to grant the Provider a permission to use their likeness in a photograph, video, or other digital media in any and all of the Provider’s publications. The Customer has the right to require the Provider not to use any photos or digital materials for the marketing purposes. This should be expressed by sending an e-mail to the Provider prior to the event. In addition, the Customer, hereby releases, discharges and agrees to maintain The provider free from any liability arising out of the taking of said picture or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy. Unless otherwise agreed by an email, the customer hereby gives the Provider the right and permission to copyright and use, in any media, any or all photo booth photos taken at the event.
Other Terms and Conditions
The Hire Agreement constitutes the entire agreement between the Customer and the Provider. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between the Hire Agreement and any other term or provision, this Hire Agreement shall prevail. If any term or condition of the Hire Agreement or these Terms and Conditions shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the terms shall continue in force without such term or condition. This Hire Agreement shall be governed by and construed in accordance with the laws of Belgium. The parties hereto submit to the exclusive jurisdiction of the courts of Belgium. No delay or failure on our part to enforce our rights or remedies under the hire agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.