Terms and Conditions The 360 Video Booth
General terms and conditions of The 360 Videobooth, located in Almere. Version valid from 1-7-2022.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
360 video booth platform: A 360 booth platform can accommodate up to 3 people and captures these people in a 360-degree video using a rotating arm. Hereinafter: "Video Booth";
Digital files: data produced and supplied in digital form;
Event: any organized activity including (music) parties, catering establishments, festivals, parades, workshops, everything in the broadest sense of the word;
Event Date: the date that the agreement will be executed;
Location/Time: the place and time of performance of the Event agreed with the Other Party;
Other party: the person who has accepted the validity of the general terms and conditions by signing a document or otherwise, as described in Article 6:231 of the Dutch Civil Code.
Article 2 – Identity of the entrepreneur
The 360 Video Booth
E-mail address: info@the360videobooth.nl
Chamber of Commerce number: 77491874
Article 3 – Applicability
1. These general terms and conditions apply to every booking (rental) of the 360 video booth. The general terms and conditions are digitally sent with every order confirmation and can also be found on the website of The 360 Videobooth. This version of the terms and conditions applies to all bookings made on and after July 1, 2022.
Article 4 – The agreement
1. The agreement is concluded at the time of acceptance by the Other Party of the offer and payment of the down payment.
Article 5- Delivery and execution
1. The 360 Videobooth will deliver, set up and remove the Videobooth from the agreed location where the Event takes place.
2. The 360 Videobooth will be present one hour before the start time of the Event to set up the Videobooth.
3. The Other Party agrees that a host will be on site to maintain and operate the Video Booth.
4. The Other Party will provide a suitable space of at least 3m(L) x 3m(W) x 2.5m (H) and access for the Video Booth at the location of the Event, together with the required power supply of at least 2 sockets.
5. If the Event takes place outside, the Other Party will provide sufficient shade from the sun to guarantee good lighting for the best 360 videos.
6. The 360 Videobooth reserves the right to discontinue outdoor activities in the event that The 360 Videobooth is of the opinion that the equipment can be damaged by the weather conditions and/or can create unsafe situations for the equipment or the participants of the event, such as a (heavy) rainfall or (hard) gusts of wind. In these cases no refund will be made. However, any other options will be considered to set up the Videobooth safely again, such as at an indoor location. If it concerns a completely different location than previously agreed, an appropriate compensation for the relocation and re-establishment of the Video Booth will be discussed with the Other Party on site. Both parties must agree to the new location. No refund will be made if The 360 Videobooth deems the new location unsuitable for setting up the Videobooth.
7. The place of delivery is the address that the Other Party has made known to The 360 Videobooth.
8. The 360 Videobooth reserves the right to dissolve the agreement in the event that the Other Party is unwilling to meet the requirements to set up the Videobooth in a safe manner and in a suitable space. If this reluctance occurs after the deposit has been paid, The 360 Videobooth is entitled to keep the deposit. If this reluctance takes place on location, then The 360 Videobooth is entitled to collect the full Rental Amount from the Other Party.
Article 6 – Change Event Date and location
1. A request to change the Event Date must be made in writing and as soon as possible before the Event. The possibility of a particular date change is subject to availability and receipt of a new agreement to replace this Agreement. Both Parties must agree to such date change.
2. A request to change the Event Location must be made in writing and as soon as possible before the Event. In that case, the travel costs will be adjusted. The new location must meet the conditions set out in Article 5.
Article 7 – Rental amount
1. The Rental Amount is composed as follows:
a.) Down payment. As part of this Agreement, the Other Party is obliged to pay a deposit of € 150 when booking the Video Booth. The deposit will be deducted from the total rental amount in the final invoice.
b.) Balance Due. The balance of the Rental Amount, less the deposit, is due 14 days before the agreed date of the event. Once the Due Date for payment of the balance due has passed, any amount paid by the Other Party, whether by deposit or otherwise, will not be refunded and The 360 Videobooth will have no obligation to perform under this Agreement, unless the The other party cancels the agreement on the basis of Article 10 and the deposit is higher than the cancellation amount calculated in Article 10.
c.) Exceedance. Any excess in time will be billed at a rate of €200/hour. Payment for any excess in time must be made before additional hours will be provided. If the Event ends earlier than expected, no refund will be given.
2. The stated prices include VAT.
Article 8 - Exceeding visitor numbers
1. The 360 Videobooth uses three packages; a basic package; a standard package and a premium package. A maximum number of visitors is set per package. The maximum number of visitors per package can be found on the website of The 360 Videobooth. The 360 Videobooth will make the additional costs known to the Other Party on site, if there are more visitors at the Event than has been determined in the package. If the Other Party does not agree with this, The 360 Videobooth reserves the right to discontinue the Videobooth activities. The 360 Videobooth may decide to invoice these costs after the Event or collect them on the spot by means of a payment request.
Article 9 - Rental time
1. The start and end time of the booked activity is recorded in the order confirmation.
If the Other Party wishes to extend the rental period at the time of the Event, this can be discussed on the spot with the host who is present. He/she can determine whether this is possible and informs the Other Party about the applicable rates.
2. When problems at the location (accessibility, parking, stairs, etc.) - which are not attributable to our host - start later than agreed, The 360 Videobooth will stop at the agreed end time. If the host is at fault for starting later than agreed, then in consultation with the Other Party a) the End Time will be adjusted so that the full Rental Time is used or b) the Other Party will receive a pro rata refund for the missing Rental Time.
Article 10 - Additional costs
1. The rental amount includes 30 km (driving kilometres) of travel costs, after which € 0.41 per kilometer driven will be charged. Calculations are made from the office in Almere to the location of the Event and from the location of the Event to the office in Almere.
2. The 360 Videobooth expects to be able to (temporarily) park the company car in front of the location, so that The 360 Videobooth can load and unload the equipment. If paid parking is required, The 360 Videobooth will use Park Mobile if possible. The parking costs will be charged afterwards. If desired, the Other Party will receive a copy or proof of payment of the parking costs.
3. Locations such as beach bars and locations in closed city centers require extra attention, please report this in advance when booking. In some cases, a surcharge applies. This surcharge is stated in the order confirmation.
4. For special holidays such as Christmas and New Year's Eve, rates with surcharges apply. This surcharge will be stated in the order confirmation.
Article 11 – Cancellation by the Other Party
1. The other party will notify The 360 Videobooth in writing of the cancellation of the agreement.
a.) In case of cancellation within 60 to 15 days before the Event, the deposit will not be refunded. In this case, the Other Party has the option to move the date of the Event to a new date within 365 days from the date of cancellation.
b.) In the event that the cancellation takes place within 14 days before the Event, the Other Party will pay 50% of the Rental Amount. In this case, the deposit will be deducted from the cancellation costs.
Article 12 - Liability
1. The 360 Videobooth shall not be liable for any direct, indirect, incidental or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Agreement and the services provided.
2. The Other Party shall indemnify and hold harmless The 360 Videobooth and all hosts acting as independent contractors working with The 360 Videobooth at that time from all liability related to the Event from its date and until the future.
3. The Other Party will assume all legal costs claimed by third parties, provided that such loss or damage is not caused by the fault or negligence of The 360 Videobooth or its employees.
4. In the event of theft or damage (as a result of, but not limited to, fire, flood, or earthquake) or loss of The 360 Videobooth's equipment, the Other Party will be held responsible for the damage, if this is caused by the Other Party, a guest of the Other Party or others present at the event. In that case, the Other Party is responsible for the full repair costs. The Other Party can cover these risks by taking out appropriate insurance. If the damage is caused by our own host(s), the damage will not be recovered from the Other Party.
Article 13 - Rights to visual material
1. Videos made with a Video Booth may be used by the Other Party and its guests for personal purposes. The other party will receive the digital files (if agreed) after the event and these may be distributed (digitally) by the other party and its guests for personal purposes on, for example, social media. The 360 Videobooth hereby releases all rights to all media (including photos, videos, etc.) made by the Videobooth to the Other Party.
2. The videos are temporarily/briefly archived by The 360 Videobooth. The videos may be used/published by The 360 Videobooth, provided that the people on the video have given their verbal permission.
3. Our host can take photos/videos of the relevant Video Booth on location. This can be done without an audience, but also with an audience. The 360 Videobooth may use these photos/videos for promotional purposes.
Article 14 - Video booth malfunction/problems
a.) If The 360 Videobooth fails to provide a fully operational Videobooth for the Event, the Other Party will receive a full refund from The 360 Videobooth. In such a case, the Other Party waives any claim for further consequential damage or liability.
b.) If only partial services can be provided as a result of circumstances beyond The 360 Videobooth's reasonable control, The 360 Videobooth will compensate the Other Party reasonably.
c.) In connection with any maintenance, The 360 Videobooth guarantees an availability of at least 80% of the running time. In some cases, a short interruption of use is necessary. This interruption is necessary and is non-refundable.
Article 15 - Privacy and personal data
1. The 360 Videobooth will under no circumstances disclose or pass on personal information (such as address, date of birth, telephone number, e-mail address, etc.) to third parties.
Article 16 - Premature termination of the rental period by host
1. Under special circumstances, our host who is at your event may terminate the Rental Period early. This is allowed in the following cases:
a.) Dangerous, violent or threatening behavior towards our host(s)
b.) Unsafe or threatening situation at the venue or your event.
c.) Misuse, damage or theft of our materials or host's personal belongings.
Article 17 - Other provisions
1. There will be zero tolerance for harassment and unruly behavior towards our 360 host(s). We have been hired to provide you with a positive and fun production, but will leave immediately if any of our team members feel unsafe. It is in our interest to keep the Event going, so we will contact the Other Party if one of the attendees prevents this. Payment will not be refunded if this type of incident occurs. In extreme cases, a report will also be made to the police.
2. The 360 Videobooth and the Other Party represent and warrant to the other party that any person performing this Agreement on behalf of each party is duly authorized to perform and deliver this Agreement on that party's behalf.
Article 18 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the Other Party, to which these general terms and conditions apply.
