Terms and conditions

Version: October 2026

This English version is provided for convenience only. In case of discrepancies, the German version prevails.

§ 1 Scope

These General Terms and Conditions apply to all contracts for photographic services between Steffen Hauser, Sensburger Allee, 14055 Berlin, Germany (hereinafter the "Photographer"), and the Client. These include commissioned photography, 360-degree photography, virtual tours, reproduction and digitisation.
The Client may be a consumer or a business. A consumer is any natural person who enters into the contract for purposes that cannot be attributed predominantly to their commercial or self-employed professional activity. Where provisions apply to only one of the two groups, this is stated expressly.
Terms and conditions of the Client that deviate from or supplement these terms apply only if the Photographer has expressly agreed to them in text form.

§ 2 Offer and conclusion of contract

Offers made by the Photographer are non-binding and, unless otherwise stated, remain valid for 14 days from the date of issue.
The contract is concluded when the Client accepts the offer in text form or the Photographer sends an order confirmation in text form. Where an enquiry is made through the contact form, the contract is concluded only once the Photographer has confirmed it.
Verbal side agreements are effective only if the Photographer confirms them in text form.

§ 3 Scope of services and cooperation by the client

The type and scope of the services follow from the offer or the order confirmation. Unless otherwise agreed, composition, image selection, shooting technique and image editing are at the Photographer's artistic and technical discretion.
The Client shall provide in good time all information, access, permits and assistance necessary for the commission. For on-site shoots, this includes access to the premises, a contact person and clarification of photography and property rights.
Delays or additional costs resulting from missing or late cooperation shall be borne by the Client.
The Photographer may engage third parties (for example assistants, labs, hosting providers) to perform the commission.

§ 4 Appointments, delay and cancellation by the photographer

Agreed appointments are binding only if the Photographer has confirmed them as binding in text form. Deadlines are extended appropriately in the event of circumstances for which the Photographer is not responsible, such as illness, accident, weather conditions during outdoor shoots or force majeure.
If an appointment cannot take place for these reasons, the parties shall agree a replacement appointment. Further claims exist only in accordance with § 10.
If the Photographer falls into default, the Client may withdraw from the contract after an unsuccessful reasonable grace period. Services already performed must be paid for.
For outdoor shoots, the Photographer may postpone the appointment free of charge because of the weather.

§ 5 Fees and payment

The prices stated in the offer apply. All prices are in euros and include statutory value added tax.
Ancillary costs such as travel, travel expenses, accommodation, model and location fees, admission charges, permits, materials and shipping costs shall be borne by the Client, provided they are stated in the offer or have been agreed in advance in text form.
For commissions with a value above €500, the Photographer may demand a down payment of up to 50%. The remaining amount falls due on delivery of the results.
Invoices are payable within 14 days without deduction. In the event of late payment, statutory default interest applies.
Set-off is permitted only against claims that are undisputed or have been finally established by a court. A right of retention exists only for claims arising from the same contractual relationship.

§ 6 Cancellation and withdrawal

The Client may cancel an appointment at any time in text form. In the event of cancellation, the following flat-rate charges apply to the agreed fee (excluding ancillary costs already incurred):
- up to 14 days before the appointment: no charge
- 13 to 7 days before the appointment: 30%
- less than 7 days before the appointment or failure to attend: 70%
The Client reserves the right to prove that the Photographer has suffered no loss or a substantially lower loss. The Photographer reserves the right to prove a higher loss.
If the Client postpones an appointment, the rules in paragraph 1 apply accordingly, unless the replacement appointment takes place within 30 days.
The right of both parties to terminate the contract for good cause remains unaffected.

§ 7 Acceptance and defects

The Photographer delivers the results in the agreed formats and by the agreed means (for example a download link). The Photographer's discretion in selecting and editing images remains unaffected.
The Client shall inspect the delivered results without undue delay. Business Clients shall give notice of obvious defects in text form within 14 days of delivery; otherwise the work is deemed accepted. Consumers have been made aware of this period; their statutory rights remain unaffected.
In the event of a justified notice of defects, the Photographer has the right to remedy the defect. Reshooting is possible only where this is reasonable, for example for interior and studio shoots. For one-off events or irreplaceable originals, the claim is limited to improvement of the editing.
Minor deviations in colour and contrast caused by the monitor, print or material are not defects. The same applies to deviations dictated by the condition of the originals (age, discolouration, scratches).
The warranty period for business Clients is one year from acceptance. For consumers, the statutory periods apply.

§ 8 Rights of use

The Photographer is the author of the photographs, digitisation results (where protectable), 360-degree photographs and virtual tours that he creates. Copyright remains with the Photographer. It is not transferable.
Upon full payment, the Client receives a non-exclusive, non-transferable right of use to the agreed extent (purpose, medium, duration, territory). Without express agreement, the purpose is the use stated in the offer. Any use going beyond this requires a separate agreement.
For private individuals, the right of use also includes private use, reproduction and sharing with family and friends, as well as non-commercial publication on social networks.
For the digitisation and reproduction of third-party originals, the rights in the work depicted remain unaffected. The Client confirms that he or she is entitled to have the work digitised and to make the intended use of it (see § 9).
Adaptations, crops and montages by the Client or third parties require the Photographer's consent, to the extent that they go beyond customary technical adjustments (size, format).
The Photographer must be credited as the author on publication, unless otherwise agreed.
The Photographer may use the results for self-promotion (website, portfolio, social media, printed materials), unless the Client objects in text form. Confidentiality and the personality rights of persons depicted remain protected.

§ 9 Third-party rights and consents

The Client warrants that he or she holds the necessary rights in all materials supplied or to be photographed (photos, films, paintings, graphic works, coins, buildings, rooms), or that the holders of those rights consent. This includes copyright, property, personality and domestic rights.
For photographs showing identifiable persons, the Client shall obtain the necessary consents, unless otherwise agreed. For 360-degree photographs and virtual tours in publicly accessible spaces, the Client shall draw attention to the photography if the Photographer so requests.
The Client shall indemnify the Photographer against claims by third parties based on a breach of these warranties. This does not apply to the extent that the Photographer is responsible for the breach.
The Photographer may decline or interrupt a commission if there are doubts about the ownership of rights or the lawfulness of the content.

§ 10 Liability and limitation of liability

The Photographer is liable without limit for damage arising from injury to life, body or health, for intent and gross negligence, under the Product Liability Act, and for fraudulently concealed defects or guarantees given.
In the event of simple negligence, the Photographer is liable only for breach of essential contractual obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Client may regularly rely). In this case, liability is limited to the foreseeable damage typical for this type of contract, but to no more than €1,000 per claim.
In all other respects, liability for simple negligence is excluded.
Liability for loss of or damage to originals sent in or handed over is governed by § 12. Where the Client is a business, paragraphs 2 and 3 also apply to damage to property.
The Photographer is liable for loss of data only if the Client has not backed up the data himself or herself and the damage would not have occurred with proper backup. Liability is limited to the effort of restoration that would have been incurred had the Client backed up data regularly.
The Photographer is not liable for damage caused by acts or omissions of the Client or of third parties within the Client's area of responsibility. This applies in particular to the moving, removal or handling of objects by the Client's staff and to pre-existing damage to originals.
To the extent that the Photographer's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
The limitation period for claims for damages is governed by statutory provisions. For business Clients, it is one year in the case of simple negligence.

§ 11 Special provisions for virtual tours and on-site work

For shoots in rooms and buildings of the Client or of third parties, the Client shall ensure unobstructed access, the consent of the person entitled to exercise domestic authority, and compliance with safety regulations and house rules. The Client shall provide a contact person who is present at the appointment.
Objects, exhibits and furnishings shall be moved, removed, set up or cleaned exclusively by the Client's staff. The Photographer shall touch them only on express instruction and in the presence of the contact person.
The Client shall inform the Photographer of any particular risks at the location (for example delicate floors, valuables, alarm systems, light sensitivity of exhibits). For shoots using flash or additional lighting, the Client shall clarify in advance whether exhibits are suitable.
The Photographer may interrupt or abandon the work if there are safety concerns or if the Client's instructions jeopardise the shoot. Services already incurred must be paid for.
For virtual tours, the Photographer creates the panoramas, implements the tour technically and makes it available at the agreed address. Hosting for twelve months from publication is included in the price. After that, the Client may book continued operation for a fee of €30 (including value added tax) per tour per year. Booking shall be made in text form before the end of the hosting period. Without a booking, the Photographer is entitled to take the tour offline after the hosting period has ended. On request, he will first hand over the tour files to the Client in a common format. The Photographer shall notify the Client in text form in good time, and no later than four weeks before expiry, of the end of the hosting period and the option to extend it.
The Photographer endeavours to keep the tour highly available but does not owe uninterrupted availability. Maintenance work, disruptions at suppliers and outages beyond his sphere of influence do not give rise to liability. In the event of significant outages for which the Photographer is responsible, the Client may reduce the fee proportionately for the period of the outage.
The Client may embed or link to the tour on his or her own websites. Downloading the raw image data or passing it on to third parties is permitted only by agreement.

§ 12 Special provisions for the digitisation and reproduction of originals

This section applies to the digitisation of slides, negatives, photographic prints, cine film and comparable originals that the Client hands over or sends to the Photographer, and to the photographic reproduction of paintings, graphic works, coins and other flat objects.
The Photographer does not accept valuable, particularly delicate or irreplaceable originals (for example historic glass negatives, paintings, coins) for digitisation in the studio. These are photographed exclusively on site at the Client's premises, see § 11.
The Client shall pack the originals so that they are safe for transport and is himself or herself responsible for the outbound and return shipment against loss and damage. The Photographer recommends insured shipping. On request, the Photographer will send the originals back; the cost is borne by the Client.
On receipt, the Photographer checks the originals for visible damage and documents their condition. Defects, pre-existing damage, mould, adhesive residues, shrinkage and material-related wear and tear of originals do not give rise to liability, unless they were caused by the Photographer. In the event of mould, brittle material or other risks, the Photographer shall inform the Client before processing. The Client's consent is required for further action.
The Photographer is liable for loss of and damage to the originals in accordance with § 10. Liability is additionally limited to the value stated by the Client in advance in text form, but to no more than €1,000 per commission. Where no value is stated, a flat-rate value of €25 per item is deemed agreed for originals whose sentimental value cannot be quantified. The Client reserves the right to prove a higher material value.
The digital results are handed over to the Client by download or on a data carrier. The Photographer keeps the files for 30 days after delivery. After that, they may be deleted. Long-term archiving and data backup are the Client's responsibility. On request, longer storage may be agreed for a fee.

§ 13 Data storage and data protection

The Photographer processes the Client's personal data only to perform the contract and in accordance with statutory provisions. Details are set out in the privacy policy.
The Photographer processes image material showing identifiable persons only within the scope of the commission and of the consents obtained by the Client or other legal bases.
Raw data, selections and working files are kept by the Photographer for 12 months after completion of the commission. A claim to their release or to longer storage exists only by separate agreement. Statutory retention obligations (for example for invoices) remain unaffected.

§ 14 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal of 14 days for contracts concluded exclusively by email, telephone or online form. The consumer receives the withdrawal information and the model withdrawal form in text form (by email) before the contract is concluded. They do not form part of these terms and conditions.
In the case of services, the right of withdrawal expires when the Photographer has fully performed the service and the consumer, before the start of performance, expressly agreed that the Photographer may begin performance before the withdrawal period has expired and acknowledged that he or she loses the right of withdrawal once the contract has been fully performed.
If the consumer withdraws after performance has begun, he or she must pay reasonable compensation for the service provided up to that point, provided that he or she expressly requested that the Photographer begin before the period expired.

§ 15 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory consumer protection provisions of the state in which they have their habitual residence.
If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin. The Photographer may also sue the Client at the Client's general place of jurisdiction.
Amendments and additions to the contract and to these terms and conditions require text form. This also applies to any waiver of this text-form requirement.
Should any provision of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.
The Photographer does not take part in dispute resolution proceedings before a consumer arbitration board.