Terms & conditions

Article 1 Definitions

1. Weddingbooth Italy is a sole proprietorship whose purpose is to rent out and sell products, including but not limited to photobooths, to businesses and private individuals in Italy.

2. In these general terms and conditions, Weddingbooth Italy also includes all employees and freelancers working for this business.

3. In these general terms and conditions, ‘Client’ means the natural person, legal entity or partnership of natural persons and/or legal entities, or the intermediary or representative acting on their behalf, who has instructed Weddingbooth Italy to provide Services as referred to in Article 1.4.

4. In these general terms and conditions, ‘Services’ means all products and services supplied to the Client by Weddingbooth Italy and/or third parties engaged by it, as well as all other work of any nature carried out by Weddingbooth Italy for the Client in connection with an assignment, including work not performed at the Client’s express request.

5. In these general terms and conditions, ‘Agreement’ means the contract for services under which Weddingbooth Italy undertakes to carry out work for the Client in return for payment of fees and expenses and to which these general terms and conditions have been declared applicable.

6. In these general terms and conditions, ‘Website’ means the website https://weddingboothitaly.com.

Article 2 Applicability of the general terms and conditions

1. These terms and conditions apply to every offer, quotation and agreement between Weddingbooth Italy and the Client, unless the parties have expressly agreed otherwise in writing.

2. These terms and conditions also apply to the actions of third parties engaged by Weddingbooth Italy in connection with the assignment.

3. The applicability of any purchasing terms or other terms and conditions of the Client is expressly rejected.

4. If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, they must be interpreted in accordance with the spirit of those provisions.

5. If a situation arises between the parties that is not covered by these general terms and conditions, that situation must be assessed in accordance with the spirit of these general terms and conditions.

6. If Weddingbooth Italy does not always require strict compliance with these terms and conditions, this does not mean that their provisions do not apply or that Weddingbooth Italy in any way loses the right to require strict compliance with these provisions in other cases.

Article 3 Formation of the Agreement

1. All quotations and offers made by Weddingbooth Italy are without obligation, unless stated otherwise in writing.

2. Weddingbooth Italy cannot be held to its quotations or offers if the Client can reasonably understand that the quotation or offer, or part of it, contains an obvious mistake or clerical error.

3. The Agreement is formed when:

a. the Client agrees a reservation with Weddingbooth Italy in writing;

b. the Client verbally agrees a reservation with Weddingbooth Italy, which reservation is subsequently recorded in writing.

4. Weddingbooth Italy will promptly acknowledge receipt of the Client’s reservation electronically. Until receipt of the reservation has been confirmed by Weddingbooth Italy, the Client may terminate the Agreement.

Article 4 Performance of the Agreement

1. Weddingbooth Italy will perform the Agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.

2. If Weddingbooth Italy considers it useful or necessary, it is always entitled to obtain assistance from third parties in providing the Services, or to have all or part of the Services carried out by third parties. The application of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.

3. The Client must provide Weddingbooth Italy in good time with all information, documents and/or materials of any kind that Weddingbooth Italy requires to perform the Agreement properly.

4. The Client warrants the accuracy, completeness, reliability and suitability of the information and/or documents provided to Weddingbooth Italy.

5. If, during performance of the Agreement, it becomes apparent that proper performance requires the work to be changed or supplemented, the parties will amend the Agreement accordingly in good time and by mutual agreement.

Article 5 Photobooth rental period

The standard photobooth rental period in Italy is 12 hours. Additional hours can be booked.

Hereinafter referred to as photobooths.

2. The rental period runs from the time the photobooth has been set up by the employee and is ready for use until the rental period has ended. Setup and dismantling time are not charged to the Client.

3. Where the photobooth is delivered to the venue, the rental period runs from the time it is delivered to the venue until the time it is collected from the venue.

Article 6 Telephone support during the photobooth rental period

1. If problems with the photobooths arise during the rental period, Weddingbooth Italy provides telephone support, which can be reached via WhatsApp on +31652446790.

2. Weddingbooth Italy will always first attempt to resolve all problems by telephone. The Client must cooperate with this.

3. If the Client does not cooperate with attempts to resolve the problem by telephone, resolving the problem is beyond Weddingbooth Italy’s control. The Client’s right to compensation and/or a refund in any form will then lapse.

4. If the problem cannot be resolved by telephone, Weddingbooth Italy will make further attempts to resolve it to the best of its ability.

5. Telephone support is available throughout the entire rental period.

Article 7 Technical malfunctions

1. The following malfunctions or defects cannot be attributed to the Lessor and will therefore not be compensated if a defect arises from any of the following:

a. Pressing too hard on the touchscreen.

b. Operating the touchscreen with wet or greasy fingers. The screen must be dry and free of grease.

c. Excessive humidity, condensation, rain or temperature fluctuations.

d. Paper that is too damp, resulting in a paper jam.

e. A printing blockage caused by the printer being covered by an object or a limb.

f. If photographs are not printed, the Lessor will print them later and send them to the Hirer afterwards free of charge. As a result, the Hirer will not be entitled to compensation on the grounds of a technical malfunction.

g. Malfunctions caused by moving, dismantling, adjusting or carrying out any other action on the rented equipment that changes the characteristics of the goods rented out by the Lessor.

Article 8 Rates

1. The rates charged by Weddingbooth Italy are in euros and exclude other government-imposed levies and any costs incurred in connection with the Agreement, including travel, accommodation and parking costs, and shipping and administration costs, unless stated otherwise.

2. Weddingbooth Italy is at all times entitled to increase the rates charged, without the Client being entitled to terminate the Agreement as a result, if the increase arises from a power or obligation under legislation or regulations, or if the increase is based on grounds that could not reasonably have been foreseen when the Agreement was entered into.

3. Weddingbooth Italy reserves the right to correct obvious mistakes or errors in price quotations.

4. An additional surcharge applies to collection of the photobooth after 23:00. The amount of this surcharge is determined individually for each booking in consultation with the Client.

Article 9 Payment

1. Unless expressly agreed otherwise, payment must be made using a method stated on the invoice provided.

2. Private individuals must have paid the invoice in full before the rental date.

3. Unless another period is specified, the Client must pay a Weddingbooth Italy invoice within 30 (thirty) days after the rental date.

4. If the Client pays by invoice and the start date of the photobooth reservation falls within the payment period of 30 days, the Client must pay the invoice no later than 3 (three) days before the start date.

5. If the payment obligation is not met on time, the Client will automatically be in default, without any further notice of default being required. In the event of payment default by the Client, Weddingbooth Italy is entitled to cease or suspend all work to be performed for the Client with immediate effect, without becoming liable to the Client for compensation in any way.

6. In the event of payment default, Weddingbooth Italy is entitled to statutory interest on the amount owed by the Client.

7. If Weddingbooth Italy decides to recover a claim against the Client for one or more unpaid invoices through legal proceedings, the Client must, in addition to the principal amount due and the interest referred to in Article 8.6, reimburse all reasonably incurred judicial and extrajudicial costs. Reimbursement of judicial and extrajudicial costs will be determined in accordance with the decree governing compensation for extrajudicial collection costs in force at that time.

8. In the event of disagreement about the correct amount owed by the Client to Weddingbooth Italy, Weddingbooth Italy’s administrative records will be decisive, unless the Client supplies written evidence to the contrary.

Article 10 Cancellation terms

1. Cancellation by the Client must be communicated to Weddingbooth Italy in writing. This can be done by email to info@weddingboothitaly.com.

2. The Agreement may be cancelled without giving a reason within 24 hours after it is formed. In that case, the Client is entitled to a refund of 100% of the total contract price.

3. Cancellation is free of charge up to 14 days before the start date of the reservation.

4. Cancellation less than 7 days before the start date of the reservation entitles the Client to a refund of 0% of the total contract price.

5. If the Client cancels the reservation, Weddingbooth Italy will discuss with the Client whether a refund can be agreed. Weddingbooth Italy is under no obligation to agree to a refund.

Article 11 Complaints handling and compensation arrangements

1. If a defect or technical malfunction occurs in the photobooth during the rental period for which the Client is not at fault, Weddingbooth Italy may offer a compensation arrangement.

2. To qualify for a compensation arrangement, the Client must have met the following conditions:

a. The telephone helpline referred to in Article 6 must have been contacted about the defect or malfunction during the rental period and within the helpline’s available hours.

b. The Client must have made at least three call attempts via WhatsApp.

c. If the Client cannot reach the helpline by telephone, the Client must leave a voicemail message.

3. If Weddingbooth Italy cannot reach the Client by telephone after Weddingbooth Italy has made three call attempts in response to the Client’s call attempt(s) and Weddingbooth Italy has left a voicemail message, the Client’s right to a compensation arrangement will lapse.

4. If the Client has met the above conditions, the Client is entitled to a compensation arrangement. This will be drawn up together with Weddingbooth Italy. Compensation can never exceed 90% of the total rental charge.

Article 12 Defects or faults in the photobooths during rental

1. On receiving the photobooth, the Client accepts that it is fully functioning, unless agreed otherwise.

2. Defects or faults in the photobooth arising during the rental period as a result of the Client’s intent or fault must be compensated by the Client. The Client also bears the risk of third parties using the photobooth during the rental period. If a third party causes defects or faults in the photobooth through intent or fault during the rental period, the Client must compensate Weddingbooth Italy for them.

3. The photobooth may only be placed outdoors if Weddingbooth Italy considers this safe. If rain, extreme heat above 30 degrees, or strong winds are forecast during the rental period, the photobooth must be placed indoors or under cover.

Article 13 Limitation and/or exclusion of liability

1. Weddingbooth Italy cannot be held liable for inaccurate information provided on its Website or for resulting damage, unless the inaccuracy arose from intent or deliberate recklessness on the part of Weddingbooth Italy.

2. Weddingbooth Italy is not liable for damage of any kind caused by its reliance on incorrect and/or incomplete information supplied or withheld by the Client and/or a third party, unless Weddingbooth Italy should have been aware of the inaccuracy or incompleteness.

3. The Client indemnifies Weddingbooth Italy against any claims by third parties.

4. If Weddingbooth Italy is held liable, it will be liable only for direct damage actually incurred, paid or suffered by the Principal as a result of a demonstrable failure by Weddingbooth Italy to fulfil its obligations relating to the Services. Liability under this Article is limited to the invoice value of the Services, or to the part of the Services to which the liability relates.

5. Weddingbooth Italy is never liable for indirect damage, including but not limited to consequential damage, losses suffered, lost profit, lost savings, reputational damage and damage due to business interruption.

6. The limitations of liability in this Article do not apply if the damage is due to intent or gross negligence on the part of Weddingbooth Italy.

Article 17 Force majeure

1. If the failure referred to in Article 12 is the result of force majeure, Weddingbooth Italy will not be liable for the damage. Force majeure means all external causes beyond Weddingbooth Italy’s will or control that make timely, complete or proper performance of the Agreement impossible.

2. Force majeure as referred to in the preceding paragraph includes, but is not limited to, non-performance by a third party; illness of Weddingbooth Italy’s own staff or of a third party; abnormal weather conditions; interruptions to water and energy supplies; strikes; serious failures in Weddingbooth Italy’s systems or those of its suppliers; fire; flooding; natural disasters; riots; war; or other civil unrest.

3. In the event of force majeure, performance of the Agreement is suspended for as long as the force majeure continues.

4. If force majeure continues for more than one month, both parties are entitled to terminate the Agreement without court intervention. In such a case, Weddingbooth Italy will refund any amounts paid, less all costs incurred by Weddingbooth Italy in connection with the Agreement.

Article 18 Suspension, termination and early cancellation of the Agreement

1. Weddingbooth Italy is entitled to suspend performance of its obligations or to terminate the Agreement if the Client fails to fulfil its obligations under the Agreement, fails to fulfil them in full or on time, or if Weddingbooth Italy has good reason to fear that the Client will fail to fulfil those obligations.

2. In the event of liquidation, an application for or granting of suspension of payments or bankruptcy, attachment against the Client — if and insofar as that attachment has not been lifted within three months — debt restructuring, or any other circumstance in which the Client can no longer freely dispose of its assets, Weddingbooth Italy is free to terminate or cancel the Agreement with immediate effect, without any obligation to pay damages or compensation.

3. If the Agreement is terminated, Weddingbooth Italy’s claims against the Client become immediately due and payable. If Weddingbooth Italy suspends performance of its obligations, it retains its rights under the law and the Agreement.