TERMS AND CONDITIONS
I. Introductory provisions
1.1. These Terms and Conditions (hereinafter referred to as "T&C") regulate, in accordance with Section 1751(1) of Act No. 89/2012, Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties in connection with the negotiation and performance of the contract for the provision of photographic and audiovisual services concluded between Gala Media s.r.o, ID No: 17746493, VAT No: CZ17746493, with its registered office at Rybná 716/24, Staré Město, 110 00 Prague, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 375982 (hereinafter referred to as the "Provider") and a natural or legal person (hereinafter referred to as the "Customer"), the subject of which is the Provider's obligation to perform photographic and audiovisual services for the Customer through a photo booth, respectively. Gala360 video booth with the possibility of making a three hundred and sixty degree video recording (hereinafter referred to as "360° photo booth"), for which the Customer undertakes to pay the Provider a fee (hereinafter referred to as "photographic services"). The Provider operates a website at www.gala360.cz (the "website").
1.2. The T&C forms an integral part of the contract. It is possible to negotiate provisions in the contract that deviate from these T&C. Deviating provisions in the contract shall prevail over the T&C. The Contract and the T&C are drawn up in Czech and English.
1.3. The Provider may unilaterally change the wording of the T&C at any time. However, such a change shall not affect the rights and obligations of the contracting parties arising during the period of effectiveness of the previous version of the T&C.
1.4 . The 360° photo booth and its accessories consist of:
- bottom metal structure,
- the motor used to rotate the object around the platform at three hundred and sixty degrees,
- video camera, software,
- Wi-Fi hotspot with SIM card,
- circular and elongated LED lights,
- tablet including tablet stand,
- external chargers,
- advertising stand,
- fence posts,
- batteries and
- tripod pole.
1.5. The customer is obliged to provide a space of 3 m x 3 m x 2.5 m. Internet connection is not a requirement. The Customer acknowledges that in the event of affected conditions such as signal in the room, that the online video sharing function will not beavailable. The Customer further acknowledges that the premises as per this clause where the 360° photo booth and 360° photo booth will be placed will not be exposed to direct sunlight.
1.6. The Customer is obliged to provide state parking as close as possible to the agreed place of performance. In the event that access to the agreed place of performance is subject to an entry permit, the Customer shall provide the Provider with all relevant permits.
II. Contract conclusion and payment terms
2.1. The Customer shall make an enquiry for photographic services via the Provider's enquiry form published on the website. The Customer is obliged to provide his/her contact details and requirements for the service in the request form.
2.2. On the basis of the inquiry made, the Provider shall prepare and send the Customer a specific price offer, a contract and subsequently an advance invoice.
2.3. The advance invoice is due within seven (7) calendar days from the date of issue, unless otherwise agreed between the parties. Payment must be made to the Provider's bank account indicated on the invoice.
2.4. Upon conclusion of the Contract, the T&Cshall be deemed to be fully accepted and shall become part of the Contract.
2.5. The Customer agrees to the use of remote means of communication for the conclusion of the contract. The costs incurred in connection with this means of communication shall be borne by each party from its own resources.
2.6. Payment shall be deemed to have been made at the moment of crediting the funds to the Provider's bank account.
2.7. After the provision of the service, the Provider shall send the Customer a tax document for the payment of the price of the services provided after deduction of the advance payment. The invoice is due within 7 days from the date of its issue, unless otherwise agreed between the parties. The Provider shall be entitled to charge the Customer default interest of 0.1% of the amount due for each day of delay. The Provider's right to compensation for damages incurred as a result of the Customer's delay shall not be affected.
2.8. The Customer agrees to send invoices in electronic form to the email address provided in the enquiry form. The invoice shall always be deemed to have been received by the Customer no later than the day after it has been sent to the Customer's email address.
III. Liability and warranties
3.1. The Provider shall not be liable for any damage caused by the use of the 360° photo booth. Furthermore, the Provider shall not be liable for damages caused by force majeure and/or interruption of the power supply necessary for the operation of the 360° photo booth. The customer is obliged to provide the power supply.
3.2. The Customer shall bear the risk of damage to the 360° photo booth for the entire duration of the event until the photobooth is handed back to the Provider. The costs for the operation of the 360° photo booth (electricity supply, etc.) shall be borne by the Customer.
3.3. The exercise of rights arising from defective performance is governed by the provisions of generally binding regulations, in particular Sections 1915 to 1925 et seq. of the Civil Code. The rights of defective performance shall be exercised at info@gala360.cz.
3.4. In the event of damage to the 360° photo booth or any part thereof, the Customer shall pay compensation to the Provider for the damage caused. The amount of the damage shall be determined according to the book value of the 360° photo booth or the damaged part as of the date on which the damage was caused by the Customer.
3.5. In the event of damage to the 360° photo booth or its individual parts or accessories, the Customer is obliged to compensate the Provider for the damage caused in a lump sum in the amount of the entire above-mentioned value of the damaged part or accessory, unless otherwise subsequently agreed between the Provider and the Customer. The Customer shall be liable for any diminution in the value of the 360° photo booth or its components or accessories resulting from handling contrary to their nature and characteristics. The Provider's right to compensation for lost profits is not affected by the payment of compensation for damage to the 360° photo booth or its accessories.
3.6. In the event that the 360° photo booth or any of its components or accessories are damaged, the parties shall make a written record of such damage and record the damage in a reliable manner for the purpose of later proving the extent of the damage.
3.7. A claim for service rendered must be dealt with immediately at the place of performance. Claims made at a later date will not be considered.
3.8. In the event of a failure of the 360° platform, the Provider undertakes to send the corresponding number of recorded videos in a form to be agreed between the Provider and the Customer within one week of the order being placed.
IV. Withdrawal and Cancellation Conditions
4.1. The Customer acknowledges that in the event that he/she does not enter into a contract for the provision of services in the course of his/her business activity, he/she acts as a consumer and is thus subject to the statutory regulation on consumer protection. In this case, the Customer has the right to withdraw from the contract concluded by distance or outside the Provider's business premises within 14 days from the day following the date of conclusion of the contract.
4.2. The Customer further acknowledges that the Contract cannot be withdrawn from if the subject matter of the Contract has already been implemented with the express consent of the Customer before the expiry of the 14-day withdrawal period.
4.3. Cancellation means cancellation, postponement or amendment of the concluded service contract. Cancellation may be made at any time from the conclusion of the contract until 72 hours before the agreed start of the provision of services. In the event of cancellation of the order, the Customer is obliged to pay the Provider a cancellation fee in the amount of the paid advance on the price of the offered services. Cancellation of the contract must be made within the specified period to the email address info@gala360.cz. In the event of subsequent cancellation of the contract at the request of the Customer, the Customer is obliged to reimburse the Provider for lost earnings in the amount of the entire agreed price of the services offered.
4.4. In the event of cancellation of the service contract, the Provider undertakes to send the Customer an invoice within 21 days of the cancellation. The Provider is entitled to set off the full amount of the deposit paid against the cancellation fee.
4.5. If the execution of the contract becomes impossible due to unforeseen circumstances, the parties agree on a corresponding change of the contract in relation to the date of execution of the subject of the contract. In the event that the Contracting Parties fail to reach an agreement on a change in the date of execution of the subject matter of the Contract, the Provider shall be entitled to charge the Customer compensation for the services not performed in the amount of the deposit paid and to set off against this compensation the deposit received in full; this shall not apply if the execution of the Contract becomes impossible mainly due to reasons on the Provider's side.
V. Privacy Policy
5.1. In connection with the execution of the Contract, the Provider is the controller of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR"). During the execution of the Contract, the Customer has the status of a personal data subject. The Provider has the status of a personal data controller. The specific conditions of personal data protection are set out on the Provider's website in a separate document.
5.2. The processing of the Customer's personal data by the Provider is necessary for the performance of the contract or for the implementation of measures taken prior to the conclusion of the contract. Personal data are all information on the basis of which a natural person can be directly or indirectly identified, in particular name and surname, e-mail address, telephone number, as well as elements of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person (hereinafter referred to as "personal data"). The Provider undertakes to process the Personal Data in accordance with the GDPR.
5.3. By uploading video recordings or sending a digital version of the videos, the Customer expresses his/her express consent, within the meaning of the GDPR, to the publication of the videos on the Provider's website and social media for the purpose of presenting the Provider and its services, for a minimum period of 5 years from the end of the event. The Customer is obliged to ensure the consent of third parties to the processing of personal data.
5.4. Personal data will be processed for as long as necessary or as required by law. The Customer acknowledges that the consent given for the purpose of processing personal data may be revoked at any time by written request to info@gala360.cz.
5.5. The Customer acknowledges that the Provider cooperates with third parties who may be commissioned by the Provider to process the order and carry out the order. The Provider declares that contracts for the processing of personal data have been concluded with these third parties in accordance with the GDPR in order to protect the rights of the Customer.
5.6. The Customer declares that all personal data provided in connection with the Contract is true and accurate and has been provided voluntarily. The Provider declares that any data collected about the Customer in connection with the performance of the T&C or the Contract will not be used for purposes other than those for which it was collected. The Provider undertakes to process personal data in accordance with the GDPR and other generally binding legal regulations.
5.7. The Office for Personal Data Protection, ID No.: 70837627, with registered office at Pplk. Sochor 27, 170 00 Prague 7, is competent to resolve disputes concerning the processing of personal data.
VI. Other Arrangements
6.1. Contractual relations arising from the Contract and these T&C are governed by Czech law.
6.2. All disputes between the Provider and the Customer arising under or in connection with the concluded contracts between the Parties or these T&Cshall be resolved by the court of local jurisdiction.
6.3. The rights and obligations under the Contract shall pass to the legal successors of the Provider and the Customer. The transfer of the Customer's rights and obligations under the Contract to third parties is only possible with the prior written consent of the Provider, otherwise the Contract is null and void.
6.4. By providing its e-mail and/or telephone number in the enquiry form, the Customer expressly agrees to the use of such contact for sending communications, notifications or calls in connection with the performance of the Contract.
6.5. The Customer acknowledges that, due to unforeseen circumstances, there may be delays in the commencement of the provision of services by the Provider. In the event of such a delay, the Provider shall be obliged to extend the agreed time of provision of services by the period of the delay.
6.6. The Customer acknowledges that the video recorded during the performance of the subject matter of the Contract shall be available in digital form from the Provider for a period of 14 calendar days from the agreed performance date. After this period, the videos are automatically deleted.
6.7. In the event that a specific effect or animation in the videos is required for the event, the Customer shall notify the Provider of this information in advance.
These General Terms and Conditions come into force and effect on 14 April 2023.