Terms of service.

General Terms and Conditions (GTC) of www.studioaelina.com

Hereinafter referred to as the “Contractor” – Alina Rudya

1. SCOPE OF APPLICATION

These General Terms and Conditions apply exclusively to all business transactions between the parties. Any deviating terms and conditions of the customer (hereinafter: the “Customer”) shall not apply unless expressly agreed upon by the photographer Alina Rudya (hereinafter: the “Contractor”).

For the purposes of these GTC, “Photographs” refer to all digital products (including but not limited to photographs and videos) created by the Contractor, regardless of their technical format or the medium used for their creation or production. This includes, in particular, printed or exposed paper photographs, printed or exposed photographs in photo books and wedding albums, digital photographs in online galleries, or photographs and videos stored on other data carriers.

2. CUSTOMER OBLIGATIONS

The Customer shall ensure that the Contractor receives all necessary information for the timely execution of the assignment (e.g., schedule, instructions, special requests). Delays resulting from the Customer’s failure to provide such information shall be the Customer’s responsibility and shall be considered billable working time for the Contractor.

The Customer shall ensure that photography is permitted at the relevant locations. The Contractor accepts no responsibility for whether photography is allowed or what rights apply concerning depicted individuals, buildings, locations, or objects. This responsibility lies solely with the Customer, who shall indemnify the Contractor against any third-party claims arising from a breach of this obligation.

Complaints must be submitted in writing and received by the Contractor no later than 14 days after delivery of the photographs. After this period, the photographs shall be deemed accepted in accordance with the contract and free from defects.

The Customer acknowledges that the photographic process and the selection and editing of images are subject to the Contractor’s artistic discretion. Accordingly, no complaints or defect claims will be accepted regarding these aspects. Any change requests by the Customer require a separate agreement and will be charged separately.

Unless otherwise agreed, the Contractor does not guarantee a specific number of photographs.

The Contractor will produce a realistic photographic reportage. The Customer understands that this entails a true-to-life depiction of people, events, and objects. Unless agreed otherwise, editing includes only basic retouching (e.g., adjustments to lighting, focus, framing, and RAW development). Any further editing (e.g., retouching) is not included.

3. CONTRACTOR OBLIGATIONS

The Contractor will take photographs during the Customer’s wedding as agreed in the contract. The Customer may request the Contractor to work additional hours on the day.

The Contractor shall deliver the selected and edited photographs in a file format (e.g., JPEG) specified solely by the Customer. Under no circumstances will RAW files be provided.

The Contractor shall make the digital copies available to the Customer within eight weeks of the photo session. For more complex products (e.g., wedding albums), a separate handover date will be agreed upon based on production time requirements.

Once the photographs are delivered, the Customer assumes liability for any loss, destruction, or damage. The Contractor is not obligated to retain the digital image files after handover.

4. FEES AND EXPENSES

If actual working time exceeds the agreed period, an additional fee of €350.00 will be charged for each additional hour or part thereof.

A deposit is due within 7 days of the contract being signed. Timely payment is determined by the receipt of funds in the following account:

Account Holder: Alina Rudya

IBAN: DE77 100 500 00 601 484 547 8

BIC: BELADEBEXXX

If the deposit is not received on time, the Contractor is entitled to withhold services.

The remaining balance is due within 7 days of invoicing.

Berlin is the point of departure and return for the Contractor’s travel. Unless otherwise agreed, all travel and accommodation expenses are included in the fee. The Customer shall provide the Contractor with appropriate meals and refreshments during the event.

5. CHANGES, EXTENSIONS, AND CANCELLATION OF ORDERS

If an order is canceled by either party under their statutory rights of rescission, the following terms apply:

If canceled by the Customer, the Contractor is entitled to compensation for the portion of the agreed fee outlined in section 5.3, unless the Customer can prove that the Contractor suffered lesser or no damages, or that the Contractor is responsible for the cancellation.

If the Contractor cannot fulfill the assignment due to illness or other circumstances for which they are responsible, the deposit will be refunded.

Consumer withdrawal rights remain unaffected.

6. RETENTION OF TITLE, USAGE RIGHTS, AND COPYRIGHT

Photographs remain the property of the Contractor until full payment of the agreed fee.

The Customer receives a simple right of use for private purposes (e.g., personal prints, social media profiles, private websites). Reproduction and transfer to third parties for private purposes are permitted.

Any use or publication for non-private purposes requires prior written consent from the Contractor. Other vendors (e.g., makeup artists, decorators, wedding planners) may only use photographs with the Contractor’s permission.

Usage rights are granted only after full payment has been received.

The Contractor selects the photographs. The Customer is not entitled to receive all images taken.

Photographs may only be used in their original version. Any editing or alteration requires the Contractor’s prior written consent.

Metadata embedded in the images must be preserved.

The Contractor is entitled to use photographs that show only the Customer for promotional and illustrative purposes in publications (e.g., exhibitions, trade fairs, the Contractor’s website, blog, professional photography or wedding magazines, etc.). The Customer has the right to object in writing.

7. LIABILITY

The Contractor accepts no responsibility for whether photography is permitted or what rights apply to the persons, buildings, places, or objects depicted. This is the sole responsibility of the Customer. The Customer shall indemnify the Contractor in the event of third-party claims due to a breach of this obligation.

The Contractor shall only be liable to the Customer for breaches of obligations other than essential contractual duties if caused by gross negligence or intentional misconduct. This does not apply to claims arising from injury to life, body, or health. No liability is accepted for indirect damages. Where liability does apply, it shall be limited to damages foreseeable at the time of contract conclusion, applying due diligence.

The Contractor is not liable for force majeure (e.g., sudden illness, flight cancellation, accident). Nor is the Contractor liable for technical failures (e.g., equipment malfunction) not caused by her own fault, or for the resulting inability to produce further photographs.

If the assignment cannot be fulfilled on the agreed date due to circumstances beyond the control of the parties, they will attempt to find an alternative date. Both parties must consider the Contractor’s other commitments. In particular, the assignment is not considered impossible if it would be reasonable for the Customer to adapt the event to the changed circumstances.

8. SET-OFF, RETENTION RIGHTS, AND ASSIGNMENT

The Customer may only offset payments against claims that are either undisputed or legally established. The same applies to the assertion of rights of retention.

Assigning claims against the Contractor to third parties requires the Contractor’s written consent.

Amendments and additions to the agreement between the parties, including these GTC, must be made in writing to be effective. Individual agreements remain unaffected.

9. APPLICABLE LAW

German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of mandatory consumer protection rights under the law of their country of residence.

The place of performance for all services arising from the contractual relationship is Berlin. The place of jurisdiction is Berlin if the Customer is not a consumer. The same applies if the Customer does not have a general place of jurisdiction in Germany or the EU, or if the Customer’s address or habitual residence is unknown at the time of the legal action. This does not affect the right to bring an action at another legally designated place of jurisdiction.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.