RENTAL AGREEMENT
Close · Ischlerstraße 86, 8990 Bad Aussee, Austria
Parties
Lessor: Close, operated by Karl Steinegger, Ischlerstraße 86, 8990 Bad Aussee, Austria · VAT ID ATU75188413 · hello@close.film ("Lessor")
Lessee: You, the customer ("Lessee")
This equipment lease ("Lease") is concluded between Lessor and Lessee when Lessee completes an order on Lessor's website and Lessor confirms it. Lessee confirms having had the opportunity to read these terms before ordering. Lessor may change these terms for future contracts; changes do not apply to Leases already concluded. "Consumer" means a person who concludes this Lease for purposes outside their trade or business. Mandatory consumer protection rules remain unaffected.
1. Purpose
Lessee rents video camcorders and accessories for Lessee's wedding weekend ("Equipment"). Lessor additionally edits the footage recorded by Lessee and Lessee's guests into a wedding film ("Services"). The Equipment and Services are those stated in the order confirmation.
2. Terms
Lease. Lessor leases the Equipment shown in the order confirmation to Lessee. Lessor may decline an order; in that case Lessee receives a full refund.
Term. The base rental period is 7 consecutive days, as selected by Lessee at booking, and is included in the price. We recommend starting the rental period 3 days before the wedding date. The Lease starts on the first day of the rental period and ends on its last day. Each additional rental day costs €45 and is added to the total at checkout. Additional days must be booked before shipping. The last day of the rental period is the deadline for Lessee to hand the Equipment to the carrier for return, using the prepaid return label. If Lessee hands over the Equipment late or with a label not provided by Lessor, Lessor may charge €45 for each additional day.
Contact. Lessor may contact Lessee by email, telephone or text message regarding the status of the rental.
Use. Lessee uses the Equipment carefully and appropriately and complies with applicable laws and the manufacturer's instructions.
Condition and warranty. Lessor delivers the Equipment in proper working condition. The Equipment may be used and show cosmetic wear. Statutory warranty rights of consumers remain unaffected. Lessee notifies Lessor of any malfunction without undue delay (see "Non-Working Equipment").
3. Delivery, Shipping and Return
Delivery. Lessor ships to the address provided by Lessee and ensures that the Equipment arrives on or before the first day of the rental period, unless a delay is caused by the carrier or other circumstances beyond Lessor's control. Lessee may provide an alternative address in sufficient time before shipping.
Editing. Lessor delivers the edited film within 16 weeks after the event date and aims to deliver sooner.
Shipping. Lessor does not ship on Austrian public holidays. Delivery times stated by Lessor are estimates; Lessor cannot guarantee carrier delivery times. Lessee should order in good time and keep the shipping receipt for the return shipment until Lessor confirms receipt.
Age. Lessor does not rent Equipment to persons under 18. Lessee does not allow persons under 18 to receive or return the Equipment.
Return. Lessee returns the Equipment complete, in proper condition and working order (normal wear excepted), in the original packaging using the prepaid label. Lessor may inspect the Equipment after return.
Pricing errors. If a price is displayed incorrectly due to an obvious error, Lessor may cancel the order and will refund any amount already paid.
Order acceptance. An order confirmation email confirms receipt of the order. The Lease is concluded when Lessor accepts the order.
Availability. If Equipment is unavailable, Lessor informs Lessee without delay. Lessee may cancel before shipping and receives a full refund.
4. Cost, Payment and Refunds
Cost. Prices are as stated in the order confirmation and include applicable VAT. The total is payable in full at booking, before shipping. The price includes a base rental period of 7 days; each additional rental day costs €45.
Right of withdrawal. Consumers have a statutory right to withdraw from distance contracts within 14 days. This right does not apply to leisure-related services booked for a specific date or period (§ 18 FAGG). Lessee acknowledges that this Lease is booked for a fixed event date and that the right of withdrawal may therefore be excluded.
Cancellation. Subject to the right of withdrawal (if applicable), the Video Guarantee and mandatory law, payments are non-refundable after the order is confirmed, as Lessor reserves the Equipment and declines other bookings for the rental period. If Lessor can rebook the reserved dates, Lessor may, at its discretion, grant a credit or partial refund.
Video Guarantee. Lessee receives a full refund if: (1) the Equipment malfunctions through no fault of Lessee and not due to user error, external electrical interference or environmental factors; (2) Lessee cannot record any video during the wedding weekend despite following all setup instructions and the Equipment was in working order; or (3) the package is lost in transit and Lessee receives no video of the wedding weekend despite following all instructions.
Exclusions from the Video Guarantee. No refund under the Video Guarantee applies in case of: (1) failure to return the Equipment; (2) cancellation; (3) failure to complete the setup procedures provided by Lessor by email and in the box; (4) user error or damage, including not using or not switching on the Equipment at the event, damage or loss while in Lessee's possession, failure to charge the batteries or to use the provided memory cards properly, or external factors beyond Lessor's control.
Late payment. If Lessee does not pay amounts due, statutory default interest applies. After setting a reasonable grace period, Lessor may terminate the Lease and reclaim the Equipment through lawful means.
5. Ownership, Footage and Content
Ownership of Equipment. The Equipment remains the property of Lessor at all times. Lessee acquires no rights in it other than the right of use under this Lease. Lessee may not assign the Lease or sublet the Equipment without Lessor's written consent.
Footage and copyright. "Footage" means all video and photographic material recorded with the Equipment. Lessee grants Lessor the non-exclusive right to store, process and edit the Footage as required to produce and deliver the film and to perform the Services. Lessee ensures that all persons who film with the Equipment on Lessee's behalf agree to this. Lessor owns the copyright in the edited film as a work it creates.
Personal use license. Lessor grants Lessee a non-exclusive license to use the delivered film and Footage for personal, non-commercial purposes, including on Lessee's personal social media profiles and website, provided the film is credited to Close.
Guests and third parties. The Footage will show wedding guests and other persons. Lessee informs them in advance that the event will be filmed with Lessor's Equipment and that Lessor will process the Footage to edit the film. Lessor processes personal data in accordance with the GDPR and its Privacy Policy.
Review of Footage. Lessor reviews the Footage to the extent necessary for editing, quality control and assessing Video Guarantee claims.
Promotional use (opt-in). Lessor uses Footage or the finished film for its own marketing (such as website, social media and advertising) only if Lessee gives separate, explicit consent, for example via a checkbox at checkout or in writing. Consent is voluntary, has no effect on the price or the Services, and can be withdrawn at any time with effect for the future by email to hello@close.film. After withdrawal, Lessor removes the content from its channels within a reasonable time. Footage showing identifiable third parties is used for marketing only if Lessee confirms that these persons have agreed or if they are not identifiable. Lessor never uses nudity or content it considers inappropriate. Sharing Footage with third parties for their own marketing requires a separate, specific consent.
Software and AI tools. Lessor may use software tools, including AI-assisted tools, for editing and post-production. Lessor does not use Footage to train AI models. Service providers act as processors under data processing agreements; transfers outside the European Economic Area take place only with GDPR-compliant safeguards. Details are set out in the Privacy Policy.
Storage. Lessor stores the Footage and the finished film only as long as necessary to deliver them and as stated in the Privacy Policy.
6. Equipment Care and Liability
Risk of loss and damage. Lessee bears the risk of loss of and damage to the Equipment from receipt until Lessee hands it to the carrier for return, and must keep the proof of postage. Lessee is liable for damage caused by Lessee, guests or other persons using the Equipment.
Repair and replacement costs. In case of damage, Lessee reimburses the actual and reasonable repair costs, up to €650 per item of Equipment. If an item is lost or damaged beyond repair, Lessee pays its replacement value. Lessor may also charge a loss-of-use fee equal to the pro-rata daily rental price for the period the Equipment is unavailable, and the actual and reasonable cost of cleaning if the Equipment is returned dirty. Lessor will provide an invoice stating the amounts.
Missing Equipment. If an item is not returned within 10 days after the end of the rental period, it is deemed lost. Lessee then pays its replacement value, the loss-of-use fee and the reasonable shipping and administrative costs caused by the missing item. Lessor will notify Lessee before issuing the invoice.
Non-Working Equipment. Lessee notifies Lessor immediately upon discovering any malfunction or damage and does not attempt to repair or modify the Equipment. Lessor replaces the Equipment with a working equivalent or refunds the rental price at Lessee's option, unless the defect was caused by Lessee.
Use of the Equipment. Lessor provides instructions by printed material, email, QR-code video or other form. Lessee uses the Equipment at its own responsibility; Lessor is not liable for errors in operation, subject to the statutory liability set out below.
Liability of Lessor. Lessor is liable without limitation for intent, gross negligence, injury to life, body or health, and where mandatory law provides otherwise. For slight negligence, to the extent permitted by law, liability is limited to foreseeable, typical damage and, for businesses, to the total price paid. Lessor is not liable for lost profits or indirect damages, except where mandatory law requires.
Third-party claims. Lessee indemnifies Lessor against third-party claims arising from unlawful use of the Equipment or Footage by Lessee or Lessee's guests, including violations of personality rights.
Repairs. Lessee does not repair or modify the Equipment.
7. Cancellation, Rescheduling and Non-Performance
By Lessee. Lessee informs Lessor of any cancellation or rescheduling as soon as possible by email. Section 4 (Cancellation) applies. If the wedding does not take place, the Lease is not refunded except as provided in Section 4.
By Lessor. If Lessor cannot perform, it informs Lessee immediately, offers a suitable replacement, and if none is available or accepted refunds the price for the Services not rendered and releases Lessee from further obligations.
Force majeure. Neither party is liable for failure to perform due to events beyond its reasonable control, such as strikes, natural disasters, fire, flood, pandemic or unavailability of supplies or transport, for as long as the event continues and for a reasonable period afterwards.
8. Artistic Freedom
Lessor edits the film in a style consistent with its portfolio and considers reasonable wishes of Lessee, but decides on aesthetic and artistic matters. Differing taste is not a defect. The quality and length of the film depend on the Footage recorded by Lessee and guests.
9. Data Protection
Lessor processes personal data in accordance with the GDPR and Austrian data protection law, solely to perform this Lease and, where Lessee has consented, for the purposes stated in Section 5. Lessee has the rights of access, rectification, erasure, restriction, objection and data portability, and may lodge a complaint with the Austrian Data Protection Authority (dsb.gv.at). Details are in the Privacy Policy on Lessor's website; contact: hello@close.film.
10. General Provisions
Entire agreement. This Lease and the order confirmation contain the entire agreement of the parties. Amendments require confirmation by email.
Severability. If a provision is invalid or unenforceable, the remaining provisions stay in force, and the invalid provision is replaced by the legally permissible provision closest to its purpose.
Notices. Notices are sent by email to the addresses provided by the parties and are effective upon receipt.
Language. This Lease is concluded in English. A German translation may be provided for convenience.
Governing law and jurisdiction. This Lease is governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the Lessee's country of residence remain unaffected. For businesses, the competent court in Liezen, Austria, has exclusive jurisdiction. For consumers, the mandatory statutory jurisdiction provisions apply.