General rental and sales conditions
Art. 1 - Definitions.
Lessor is the Company GET A LOOK SAS di BERTOLDO IVAN & C, which leases to the Customer its Equipment and/or its spaces located in Venice, via dell'Elettricità 21, as identified: Photo Studio; Stage; Post-Production Room. The Lessor also offers the following services: photographic, audio-visual shooting, printing, and related services.
Customer is the subject who leases the Equipment, the Photo Studio, the Stage, and the Post-Production Room owned by the Lessor, selecting them from those available and present (possibly) on the website, for the period of time specifically agreed upon in the Contract and against payment of the appropriate Fee. The Customer may also purchase photographic, audio-visual shooting, printing, and related services offered by the Lessor.
Equipment are the assets owned by the Lessor (e.g., video recording machines, cameras, lights, accessories, etc.) that the Customer can choose and use among those made available by the latter; Photo Studio is the equipped space owned by the lessor that can be used for photo sessions; Stage is the equipped space owned by the lessor that can be used for video and/or photo shoots; Post-Production Room is the equipped space owned by the lessor that can be used for photo, audio and video post-production activities.
Contract is the agreement between the Lessor and the Customer regarding the enjoyment of the Equipment, Photo Studio, Stage, and Post-Production Room leased and/or the purchase of photographic, audio-visual shooting, printing, and related services, to which these general conditions refer. • Fee is the consideration that the Customer is obliged to pay to the Lessor for the enjoyment of the Equipment, Photo Studio, Stage, and Post-Production Room. The Fee also includes the consideration for the purchase of photographic, audio-visual shooting, printing, and related services.
Art. 2 - Stipulation of the Contract, Duration, and Withdrawal.
The Contract is considered stipulated when the Customer accepts the quote formulated by the Lessor by means of confirmation that must be transmitted according to the methods indicated by the Lessor. The Lessor reserves the right to request a security deposit to guarantee the correct fulfillment of the Customer's obligations. The amount and methods of payment of the security deposit will be specified in the quote.
The effectiveness of the Contract starts from the moment of delivery of the Equipment and/or from the beginning of the use of the Photo Studio, Stage or Post-Production Room and until the moment of their effective and full return, or at the end of the agreed period of use, or from the moment of the beginning of the provision of photographic, audio-visual shooting, printing, and related services.
The rental of the Equipment, Photo Studio, Stage, and Post-Production Room is normally no less than 1 day, but reductions with respect to this minimum duration can be agreed upon.
Withdrawal and/or any requests for changes to the Contract must be communicated to the Lessor within 24 hours of stipulation and, in any case, before the actual delivery of the Equipment or the beginning of the use of the Photo Studio, Stage or Post-Production Room or before the start of the provision of photographic, audio-visual shooting, printing, and related services. Any requests for changes will be subject to the free assessment of the Lessor. The Customer is not entitled to any reduction/modification of the duration in case of any impossibility of transport/use of the Equipment (for reasons not attributable to the Lessor) and/or use of the Photo Studio, Stage or Post-Production Room for reasons not attributable to the Lessor and/or arising from measures of the public authority, nor in case of impossibility to use the photographic services, audio-visual shooting services, printing services, and related services for reasons not attributable to the Lessor.
Art. 3 - Delivery of Equipment / Access to Spaces / Provision of Services.
The requested Equipment is made available to the Customer or his delegate for delivery at the Lessor's headquarters only after confirmation of the quote (email or payment according to what has been established by the lessor/agreed with the customer), otherwise the contract will be considered terminated and the Lessor may reserve the right to lease it to third parties in case of request. Access to the Photo Studio, Stage, and Post-Production Room will be allowed at the agreed time and after verification of payment (if not already done). The provision of photographic, audio-visual shooting, printing, and related services will take place according to the terms agreed in the quote and in the Contract.
The Equipment is delivered in order, in perfect condition of preservation and operation and suitable for use; all rechargeable batteries are therefore delivered charged. The Lessor declines any responsibility for loss of charge due to travel (static electricity), prolonged periods of inactivity, strong temperature changes and/or any other cause that cannot be directly attributed to him; at the time of delivery, the Customer has the burden of ascertaining and reporting to the Lessor any existing defects and/or malfunctions that prevent, in whole or in part, the enjoyment and/or appreciably diminish the suitability for the intended use. The Customer is required to verify the suitability of the Photo Studio, Stage and Post-Production Room for the intended use before the start of the activities, immediately reporting any problems.
It is understood, without any exception, that the taking of delivery of the Equipment without written reservations is equivalent, for all purposes, to full and unconditional acceptance of the Equipment itself. The use of the Photo Studio, Stage and Post-Production Room without reservations is equivalent to acceptance of the state of the premises. Acceptance of the quote relating to photographic, audio-visual shooting, printing, and related services implies acceptance of the relative specifications and methods of provision.
Art. 4 - Correct Use of Equipment and Spaces.
With the delivery of the Equipment, the Customer becomes its custodian, undertaking to preserve it and use it with the utmost care and the diligence of a good pater familias (reasonable person). The Equipment may only be used in Italy. In case of use of the Equipment abroad, the Customer undertakes to request specific prior written authorization from the Lessor and subsequently has the burden to provide, at his own care and expense, for the preparation of the necessary documentation as well as for the request to obtain any authorizations provided for by the regulations in force and/or by the local authorities, expressly relieving the Lessor from any liability in this regard and without anything to claim from the same in case of denial of the aforementioned authorizations. The Customer undertakes to use the Photo Studio, Stage and Post-Production Room with care, respecting the safety regulations and the instructions provided by the Lessor.
The Customer is in any case also responsible for the conservation and use, even if temporary, of the Equipment by third parties who collaborate with him for any reason. The Customer is responsible for the behavior of all persons who access the Photo Studio, Stage and Post-Production Room under his responsibility.
The assignment, sublease, or loan, even partial, of the Equipment, Photo Studio, Stage and Post-Production Room is prohibited.
The Customer undertakes to keep the Equipment received intact and in good condition, assuming the prohibition to modify, disassemble, remove, replace, repair internal and/or external components and to carry out any other maintenance activity that will be the exclusive responsibility of the Lessor or the manufacturer. In the event that the Customer should find any malfunction, or operating anomalies of the Equipment, he must immediately stop using it and promptly report the problem detected to the Lessor by certified email to getalooksas@pec.it, who will carry out the relevant checks and repairs. The Customer undertakes not to make structural changes to the Photo Studio, Stage and Post-Production Room and not to damage the equipment present.
In case of non-use of the Equipment for reasons not attributable to the Customer, the latter will be exempted from the obligation to pay the Fee for the period strictly between the day of actual verification of the anomaly by the Lessor until the moment when the problem is solved, unless the Lessor provides the Customer with new Equipment and/or new components in replacement. No indemnity or claim of any kind may be requested by the Customer to the Lessor in case of non-use of the Equipment for reasons not attributable to it. In case of malfunctions of the Photo Studio, Stage and Post-Production Room that prevent its use, the Lessor undertakes to solve the problem as soon as possible or to provide an alternative solution.
The Customer undertakes to promptly report to the competent public authorities, and in any case within 24 hours of the event, any theft, loss or removal of the Equipment, as well as to give notice by certified email to the Lessor within the same term. The Customer is expressly prohibited from using the Equipment in ways different from those permitted by the Lessor.
Any repair/replacement costs of any nature that may be necessary for facts attributable to the Customer will be fully charged to the latter with the further payment of a penalty equal to 20% of the agreed Fee, without prejudice to compensation for greater damages suffered (such as the lack of the object for all the time it is in assistance). Any damage caused to the Photo Studio, Stage and Post-Production Room or to the equipment present will be fully charged to the Customer.
Art. 5 - Insurance and Liability of the Customer.
With reference to the performance of its activity, the Customer declares that it has already stipulated with a primary insurance company a specific policy against the risks of theft, breakage, damage, deterioration of the Equipment, which must be valid and effective for the entire duration of the Contract. A copy of this insurance must be exhibited to the Lessor at the time of taking delivery of the Equipment. The Customer is responsible for any damage to persons or property caused during the use of the Photo Studio, Stage and Post-Production Room and during the provision of photographic, audio-visual shooting, printing, and related services. For the entire duration of the Contract, the Customer is fully responsible for the transport of the Equipment, which will take place at his own care and expense, and for any damage caused to persons and/or property in relation to the use and storage of the same, relieving the Lessor from any liability in this regard. The Customer is responsible for any damage caused to third parties during the provision of photographic, audio-visual shooting, printing, and related services.
Art. 5 bis - Use of produced material.
Unless otherwise explicitly agreed in writing, GetAlook has the right to use all images, sounds and video footage that it has created on behalf of the customer for the promotion of its image.
Art. 6 - Return of Equipment / Handover of Spaces.
The Equipment must be returned in the same conditions in which it was delivered, perfectly functional, clean and in order; partial returns are not allowed. The Photo Studio, Stage and Post-Production Room must be returned in the same conditions in which they were found, clean and in order, at the end of the period of use.
The Customer undertakes to return the Equipment to the Lessor's headquarters within the time and day established. In case of partial return and/or exceeding of the aforementioned time, the actual day of return and any further day of delay will be computed in full for the purposes of payment of the Fee. The Customer undertakes to vacate the Photo Studio, Stage and Post-Production Room at the agreed time. Any delays will result in the charge of a penalty.
Upon return, the Lessor will verify the condition of the Equipment; if the return does not take place in the presence of the Lessor, the latter reserves the right to ascertain the status and conditions of the Equipment within the next 24 hours/48 if it is in the weekend. The Lessor will verify the state of the Photo Studio, Stage and Post-Production Room at the end of the period of use.
In case of detected discrepancies, all cleaning and reordering costs will be fully charged to the Customer, without prejudice to compensation for greater damages suffered. In case of failure to return the Equipment completely and/or some components, all replacement costs will be fully charged to the Customer at the current list price, without prejudice to compensation for greater damages suffered. Any damages found to the Photo Studio, Stage and Post-Production Room will be charged to the Customer.
Art. 7 - Payment of the Rental Fee and Services.
The Customer is obliged to pay the agreed Fee at the time of collection of the Equipment and/or before the use of the Photo Studio, Stage and Post-Production Room, and in any case according to the agreed methods. The payment of photographic services, audio-visual shooting services, printing services, and related services will take place according to the terms agreed in the quote and in the Contract.
The Customer is not entitled to any reduction of the Fee in case of any impossibility of transport/use of the Equipment for reasons not attributable to the Lessor and/or arising from measures of the public authority, nor in case of impossibility to use the photographic services, audio-visual shooting services, printing services, and related services for reasons not attributable to the Lessor.
Art. 8 - Express Termination Clause.
Pursuant to art. 1456 of the Italian Civil Code, the Contract will be understood to be terminated by right, in addition to the hypothesis referred to in the previous art. 3, also in the following cases:
a) Failure to punctually and fully pay the Rental Fee and/or the services;
b) Assignment, sublease, or loan, even partial, of the Equipment, Photo Studio, Stage and Post-Production Room;
c) Failure by the Customer to promptly report any malfunctions of the Equipment object of the Contract;
d) Failure to promptly report theft, loss or removal of the Equipment to the competent public authorities and/or failure to communicate the same events to the Lessor within the next 24 hours;
e) Use of the Equipment for purposes other than the execution of audio/video recordings, or in ways different from their correct use, possibly also provided for in the instruction manuals;
f) Use of the Photo Studio, Stage and Post-Production Room in a manner not in accordance with safety regulations or the instructions of the Lessor;
g) Customer's behavior that makes the provision of photographic, audio-visual shooting, printing, and related services impossible or excessively onerous.
Should even only one of the aforementioned circumstances occur, the Lessor will have the right to terminate the Contract, with consequent obligation of immediate return of the Equipment by the Customer and/or interruption of the use of the Photo Studio, Stage and Post-Production Room, and/or interruption of the photographic, audio-visual shooting, printing, and related services, without prejudice to compensation for any greater damages suffered.
Art. 9 - Applicable Rules.
For what is not expressly provided in these general conditions, the rules of the civil code regarding the rental of movable goods will apply, i.e. the articles 1571 and following of the Italian Civil Code and the applicable rules regarding the sale of services.
Art. 10 - Seizure or Attachment by Third Party Creditors of the Customer.
The Customer undertakes, remaining at his expense any responsibility for the value of the material and the rental, to make known and present to all any third party creditors acting for the seizure or attachment or other executive or precautionary measure of the rented material, that the material is owned by GL, communicating within 24 hours to GetAlook by certified email any actions taken by third parties.
Art. 11 - Privacy.
The Customer's personal data will be processed in accordance with the current provisions of the GDPR 679/2016 for the purposes of the execution of the Contract. To view the information on the processing of personal data, please consult the following page: https://www.getalook.it.
Art. 12 - Competent Court.
For any dispute that may arise in relation to the validity, execution, and interpretation of the Contract, the Court of Venice will have exclusive jurisdiction.