The terms for our bookings, deliveries and services — valid from 1 October 2026.
(1) These terms apply to all offers, bookings, deliveries and services provided by Andreas Kiss, Blitzkneisser Photography (the "Photographer"), to the client. They apply to all brands operated by the Photographer, in particular Blitzkneisser, mountain-elopement.com and hochzeitsfotograf.tirol.
(2) The client's own terms do not apply, even if they are not expressly objected to. Individual agreements must be made in writing (email is sufficient) and take precedence over these terms.
(3) The Photographer may engage suitable third parties to fulfil the booking.
(1) Offers are valid for 14 days from receipt and remain non-binding until the booking is confirmed.
(2) The contract is concluded upon the Photographer's written confirmation or upon payment of the booking fee by the client. The date is only reserved from that moment.
(3) If the client requests changes to the scope of services after the contract has been concluded, any additional costs are borne by the client.
(1) All prices are in euros and include statutory VAT unless stated otherwise.
(2) A booking fee in the amount stated in the offer is payable to reserve the date. It is credited against the total fee.
(3) Unless agreed otherwise, the remaining balance is due no later than 14 days after invoicing. Images are delivered after payment has been received in full.
(4) Travel, accommodation, entrance fees and costs for cable cars, guides or permits are invoiced separately as agreed.
(1) If the client cancels, the booking fee already paid is retained by the Photographer as a cancellation fee.
(2) If the client cancels less than 60 days before the agreed date, an additional 50 per cent of the remaining fee is payable, as the date can generally no longer be rebooked within that period. The client may prove that no loss or a substantially lower loss was incurred.
(3) Postponement is only possible to a replacement date agreed with the Photographer and is treated as a new booking at the rates then applicable; payments already made are credited.
(4) If the Photographer is prevented from performing for reasons beyond his control (in particular illness, accident, force majeure or official orders), he will endeavour to arrange an equivalent replacement photographer. If no replacement can be arranged, all payments made are refunded in full. No further claims arise unless the Photographer acted intentionally or with gross negligence.
(5) For outdoor and mountain shoots, the date may be postponed by up to one day by mutual agreement for reasons of weather or safety. For multi-day elopement coverage, the bad-weather arrangement set out in the offer applies.
(1) The Photographer works at his own artistic discretion with regard to image selection, framing, location, lighting and post-production. Complaints relating solely to this creative scope are excluded.
(2) The Photographer endeavours to photograph all requested parts of the day and all requested people. No guarantee can be given for individual motifs, scenes or persons.
(3) The Photographer selects the images to be delivered. A specific number of images is owed only if expressly agreed.
(4) For assignments of five hours or more, the Photographer and any assistants are to be given reasonable breaks and food.
(5) Where people or objects subject to third-party rights are photographed (copyright, property rights, house rules, filming permits), the client is responsible for obtaining the necessary consents and permits.
(1) Images are delivered digitally via a password-protected online gallery in the resolution provided by the Photographer. Delivery is deemed complete once the access details have been sent.
(2) The online gallery remains available for download for eight weeks from the date it is provided. The client is obliged to download the files within this period and to store them on their own devices. The gallery is a delivery method, not an archive.
(3) Beyond the lifetime of the gallery, the Photographer retains the delivered, edited image files as a courtesy for twelve months from delivery. There is no legal entitlement to this retention. After this period, the Photographer has no obligation whatsoever to retain or re-supply the images; permanent archiving is owed only where expressly agreed in writing.
(4) Within the courtesy period, images may be made available again for a handling fee according to the current price list, provided the files still exist.
(5) Original files (RAW), unselected frames and intermediate versions remain with the Photographer and are not released to the client or to third parties.
(6) The Photographer is liable for the loss of image files prior to delivery only in cases of intent or gross negligence; clause 10 applies accordingly. No liability is accepted for data loss occurring at the client's end after delivery.
(7) The client may request deletion of their image files at any time. Once deleted, re-supply is technically impossible. Statutory retention obligations for contract and invoice data remain unaffected.
(1) All copyright, ancillary copyright and exploitation rights in the images belong to the Photographer. Under Austrian law copyright itself cannot be transferred; what is granted are rights of use.
(2) The client receives a non-exclusive right of use, unlimited in time and territory, for private, non-commercial purposes. This includes reproduction, printing, photo books and sharing within their private circle and on private social media profiles.
(3) Any commercial or promotional use, including by vendors, venues or media involved in the event, requires the Photographer's prior written consent.
(4) Images may not be altered, cropped, re-edited or filtered. When published online, credit ("Photo: Blitzkneisser" or a link) is appreciated and is mandatory when images are passed on to third parties.
(5) Rights of use pass to the client only once the fee has been paid in full.
(1) The Photographer may use the images for self-promotion and editorial purposes, in particular on his websites, in portfolios, on social media, in journal posts, exhibitions, competitions and editorial features.
(2) The client may object to this use in whole or in part. The objection must be made in writing; it is free of charge at the time of booking and thereafter within reasonable limits.
The Photographer processes the client's personal data solely to perform the contract and to comply with legal obligations. All information disclosed in the course of the booking is treated confidentially. Details, in particular on retention periods, processors and data subject rights, are set out in the privacy policy on the respective website.
(1) Defects must be notified in writing and in comprehensible form within 14 days of delivery. The Photographer is entitled to remedy defects by rectification or re-delivery.
(2) The Photographer is fully liable for personal injury and for damage caused intentionally or by gross negligence.
(3) Liability for property and financial loss caused by slight negligence is excluded to the extent permitted by law; towards consumers, liability for breach of principal contractual obligations remains unaffected and is limited in amount to the agreed fee.
(4) If the image material is lost in its entirety due to technical failure, theft or loss without gross fault on the part of the Photographer, the client's claim is limited to a refund of the fee already paid.
(5) The Photographer is not liable for delays or cancellations caused by force majeure, weather conditions, closure of paths or cable cars, or official orders.
(1) Consumers generally have a 14-day right of withdrawal for contracts concluded exclusively by distance communication or away from business premises (Austrian FAGG).
(2) Under section 18(1)(10) FAGG this right does not apply to services connected with leisure activities for which a specific date is scheduled. Photography bookings for weddings, elopements and shoots on a fixed date fall within this exception.
(3) There is likewise no right of withdrawal for products made to the client's individual specification, such as albums, photo books or prints.
(1) Austrian law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, including for shoots, deliveries and publications abroad. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
(2) The place of performance is the Photographer's registered office. The competent court at the Photographer's registered office has jurisdiction; towards consumers, section 14 of the Austrian Consumer Protection Act (KSchG) applies.
(3) Side agreements and amendments to these terms must be made in writing.
(4) Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by one that comes closest to its commercial purpose.
(5) The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. The Photographer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
(6) These terms are an English translation of the German original. In the event of discrepancies, the German version prevails.
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