Terms & Conditions
Terms and Conditions
1) General
The following general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to all assignments carried out, offers made, deliveries provided and services rendered by "Dominic Kurz Photography" (hereinafter referred to as the "Photographer"). They form an integral part of the contract.
Any terms and conditions of the customer that deviate from these Terms and Conditions shall not apply unless expressly acknowledged in writing by the Photographer.
2) Contract / Contractual Services
The presentation of services, in particular in brochures, advertisements and on the Internet, does not constitute a binding offer by the Photographer. A contract is only concluded upon written confirmation of the order by the Photographer or upon commencement of the contractual performance by the Photographer. The Photographer reserves the right to reject individual customer orders without giving reasons. Customer orders may, for example, be rejected if the order deviates from the requirements specified by the Photographer or is intended to produce unlawful images.
3) Payment Terms
3.1 General
Invoices are due for payment net (without deduction) within 10 days of the invoice date, unless otherwise agreed (due date pursuant to Art. 102 para. 2 Swiss Code of Obligations). For payments made on site directly by Maestro, MasterCard or Visa card, a processing fee of 2% will be charged. Payment by bank transfer / advance payment is free of charge. Ordered services will only be delivered or confirmed after receipt of payment.
3.2 Payment Terms for Photo Trips
For photo trips, the costs are charged in advance. The booking is considered confirmed as soon as the amount due has been received in the Photographer's account. In the case of provisional reservations, half of the amount due is payable immediately as a deposit, with the remaining amount due no later than 2 months before the start of the trip, unless otherwise agreed.
3.3 Possible Refunds for Photo Trips
If a photo trip including flights is offered and booked, any surplus will be refunded to the customer. This may be the case, for example, if the flight becomes cheaper than previously assumed or agreed. If the photo trip is cancelled by the Photographer organising the trip, the customer is only entitled to a full refund of the amount paid.
4) Fees
4.1 The agreed fee shall apply. If no fee has been agreed, the fee shall be determined according to the current price list published on the Photographer's website.
4.2 Costs and expenses incurred as a result of the assignment (e.g. material and laboratory costs, model fees, costs for necessary props, travel expenses, necessary expenses, etc.) are not included in the fee and shall be borne by the customer unless otherwise agreed.
4.3 Design proposals or concepts commissioned by the customer constitute independent services and shall be remunerated separately.
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5) Cancellation
5.1 General
Cancellation or postponement of agreed appointments must be made in writing. If the customer cancels no later than two weeks before the start of a trip or workshop, 30% of the agreed fee is payable immediately. If the customer cancels no later than 24 hours before the start of a trip or workshop, the entire fee is payable immediately.
5.2 Cancellation of Photo Trips
Travel bookings are binding. If the trip cannot be undertaken for any reason, cancellation is only possible up to one month before the start of the trip.
In the event of cancellation, the corresponding fees will be charged and deducted from the amount to be refunded. The fees are 20% for cancellations up to 5 months before departure, 30% for cancellations up to 2 months before departure, and 40% for cancellations up to 4 weeks before departure. If a trip is cancelled at short notice before the start or the customer does not attend the trip, there is generally no entitlement to a refund (exceptions may be approved in special cases).
If the trip is cancelled by the Photographer organising the trip due to changes in flight schedules or entry requirements, natural disasters, strikes, official orders, epidemics, pandemics and related official measures, or other unforeseeable circumstances ("force majeure"), the customer is entitled to a full refund of the amount paid within a period of two months. Alternatively, the travel date and the trip itself may be postponed and the amount already paid may be applied to the rescheduled trip. Cancellation of the trip must be made in writing by post or by email (with subsequent written confirmation).
5.3. Early Termination and Programme Changes During the Trip
If the customer terminates the trip prematurely or does not make use of certain services, the travel price or the unused services will not be refunded. Any unused services may be refunded to the customer, less a processing fee of CHF 100.– to 200.–, provided that the Photographer is not charged for those services. Any additional costs, such as return transportation, etc., shall be borne by the customer.
If the Photographer has to adjust the programme during the trip due to changes in flight schedules or entry requirements, natural disasters, strikes, official orders, epidemics, pandemics and related official measures, or other unforeseeable circumstances ("force majeure"), the Photographer is entitled to adjust individual services (e.g. accommodation, means of transport). This also applies in cases of overbooking.
If the trip has to be terminated due to changes in flight schedules or entry requirements, natural disasters, strikes, official orders, epidemics, pandemics and related official measures, or other unforeseeable circumstances ("force majeure"), the customer is entitled to a refund for services not received, whereby the Photographer is entitled to deduct expenses already incurred.
Further claims for damages are excluded in this case. Any additional costs, such as transportation, return flights, etc., shall be borne by the customer.
6) Complaints
6.1 If the customer has not given the Photographer any specific instructions regarding the design or technical characteristics of the images, complaints regarding the interpretation of the images as well as their artistic and technical design are excluded.
6.2 Complaints concerning the content, quality or condition of the image material must be submitted within 48 hours of receipt. Otherwise, the image material shall be deemed to have been delivered properly and in accordance with the contract and approved by the customer.
7) Copyright / Usage Rights
7.1 The customer acknowledges that the image material supplied by the Photographer constitutes photographic works protected by copyright within the meaning of the Swiss Federal Act on Copyright and Related Rights (Copyright Act, CopA).
7.2 As a general rule, the customer acquires only a non-exclusive right to use the image material for the purpose specified by the customer, except for private, non-commercial purposes that arise from the circumstances of the assignment. Exclusive usage rights, media-specific or geographical exclusive rights, or blocking periods must be agreed separately and are subject to a surcharge of at least 100% of the respective basic fee.
7.3 Any use, exploitation, reproduction, distribution or publication exceeding the scope described in Section 6.2 is subject to a fee and requires the Photographer's prior express consent.
7.4 The acquisition of usage rights beyond the photographic copyright itself is the responsibility of the customer.
7.5 Changes to the image material through photo compositing, montage or electronic means for the creation of a new copyright-protected work are only permitted with the Photographer's prior written consent. In addition, the image material may not be traced, re-photographed as a recreation, or otherwise used as a subject.
7.6 The customer is not entitled to transfer the usage rights granted to them, in whole or in part, to third parties, including other group or subsidiary companies.
7.7 Any use, reproduction or distribution of the image material is only permitted provided that the copyright notice specified by the Photographer is clearly associated with the respective image. The copyright notice must be given in the following form: "Photo: Dominic Kurz Photography". When published online, a link to the Photographer's website (www.dominickurz.com) must be included.
7.8 Two complete copies of every publication must be sent to the Photographer unsolicited and free of charge. The Photographer may use copies provided for its own promotional purposes.
7.9 Unless expressly agreed otherwise, the Photographer may name the customer as a reference and publish reference images for its own promotional purposes, both in print and online.
8) Image Design
Subject to written instructions from the customer, the design of the photographic work remains entirely at the discretion of the Photographer. In particular, the Photographer has sole discretion over technical and artistic means of design, such as lighting and image composition.
9) Liability
9.1 The Photographer assumes no liability for the infringement of rights of persons or objects depicted, unless a corresponding signed release form has been provided.
9.2 For breaches of obligations that are not directly related to essential contractual obligations, the Photographer and its vicarious agents shall only be liable in cases of intent or gross negligence. The Photographer shall also be liable for damage resulting from injury to life, body or health, as well as from the breach of essential contractual obligations caused by culpable breaches of duty by the Photographer or its vicarious agents. Liability is limited to foreseeable, contractually typical damage.
9.3 The Photographer is not obliged to perform services that could result in a violation of the law by the Photographer. In such cases, the Photographer is entitled to refuse performance and withdraw from the contract. If content contained in files sent by the customer violates criminal law, the Photographer reserves the right to file a criminal complaint.
9.4 Upon delivery of the image files, responsibility for their further archiving passes to the customer. The Photographer will only archive the files if this is expressly commissioned and remunerated separately.
9.5 Liability for Photo Trips
For Northern Lights trips, no guarantee can be given that the Northern Lights will be visible (weather-dependent). Participants are responsible for their own travel, accident and health insurance.
10) Contractual Penalty, Damages
10.1 In the event of any unauthorised use (without the Photographer's consent), utilisation, reproduction or distribution of the image material, a contractual penalty amounting to five times the usage fee shall be payable for each individual case, without prejudice to any further claims for damages.
10.2 In the event that the copyright notice is omitted, incomplete, incorrectly placed or cannot be clearly attributed, a surcharge amounting to 100% of the usage fee shall be payable.
10.3 In the event that a specimen copy is missing, or in the event of billing without a specimen copy or without stating which image was used, where it was used and in which publication, a contractual penalty amounting to 50% of the usage fee shall be payable.
10.4. The Photographer determines the amount of the usage fee on the basis of and within the framework of the recommended fees for image rights issued by SAB Schweizerische Arbeitsgemeinschaft der Bild-Agenturen und -Archive.
10.5 The payments provided for in Section 8 above do not establish any usage rights.
11) Data Protection
The protection of our customers' personal data is important to us. We take data protection seriously and ensure appropriate security measures. We process and maintain personal data in accordance with the provisions of the Swiss Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (DPA), the Telecommunications Act (TCA) and, where applicable, other data protection regulations, in particular the European Union's General Data Protection Regulation (GDPR).
The customer agrees that the Photographer may use their data for advertising purposes (online or in print), in particular to provide them with information about offers.
The customer may object to the use of their data for advertising purposes at any time by notifying the Photographer. In all other respects, reference is made to the Photographer's privacy policy, available at www.dominickurz.com.
12) Final Provisions / Jurisdiction / Applicable Law
12.1 Any ancillary agreements to the contract or to these Terms and Conditions must be made in writing in order to be effective.
12.2 The Photographer expressly reserves the right to amend these Terms and Conditions at any time and to put the amended version into effect without prior notice.
12.3 The possible invalidity or ineffectiveness of one or more provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with an effective provision that corresponds as closely as possible to the intended regulation in economic and legal terms.
12.4 The exclusive place of jurisdiction for all disputes arising from this contract is the Swiss business domicile of the Photographer. The same applies if a customer has no general place of jurisdiction in Switzerland, if a customer moves their residence or habitual place of residence abroad after conclusion of the contract, or if their residence or habitual place of residence is unknown at the time legal proceedings are initiated. The Photographer is also entitled to bring an action against the customer at the customer's general place of jurisdiction.
12.5 All contracts concluded by the Photographer on the basis of these Terms and Conditions, and all claims arising from them of any kind, shall be governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods ("Vienna Sales Convention").