Scope

These General Terms & Conditions (“Terms”) govern the customer’s use of our photography and video services. They apply to the ordering and provision of our services and act as a framework agreement for all related business transactions.

We expressly object to any deviating terms in the customer’s documents. Such terms only apply if we confirm them in writing, even if we do not object again in the individual case.

Conclusion of contract

Our offers and price lists are non-binding. A contract is concluded only once we confirm the order in writing or begin fulfilment (e.g. delivery). Additional agreements are only valid with our written confirmation.

Marketing statements in our documents are approximate values unless explicitly guaranteed. Obvious typing or calculation errors in offers, confirmations, or invoices may be corrected at any time.

The customer will provide all information and documents required for the services in good time and inform us of any circumstances relevant to the project.

Prices

All prices are quoted in euros and are exclusive of VAT unless expressly stated otherwise.

Unless agreed otherwise, our fee becomes due once each individual service has been provided. We may request advance payments to cover expenses.

Travel and incidental costs arising in connection with the provision of services — in particular travel to and from location, mileage, accommodation and meals, location and studio fees, and the cost of official permits and filming permissions — are charged separately in addition to the agreed price, unless expressly agreed to be included in it.

Delivery

Agreed delivery periods begin when we send the order confirmation, but not before all required information, documents, deposits, or other services from the customer have been received.

We strive to meet delivery dates but they are non-binding. Delays do not entitle the customer to withdraw or claim damages. Partial or advance deliveries may be made and invoiced.

Subcontractors and freelancers

We are entitled to engage suitable subcontractors, freelancers and other agents (in particular camera operators/DOPs, photographers, editors, drone pilots and other specialists) to fulfil the order. Selection is at our discretion. We remain the customer’s contractual partner and responsible for the proper provision of the service.

Payment terms, default, set-off

Invoices, including partial invoices, are payable within 14 days of the invoice date without deductions. We may apply incoming payments to multiple receivables at our discretion.

If the customer is in default, we may suspend further services or request advance payments or securities. Statutory default interest is payable irrespective of fault.

The customer is not entitled to withhold payments. Set-off is only permitted with counterclaims that have been legally established or acknowledged by us.

Cancellation and kill fees

Confirmed bookings (in particular shoot, photo and production days) are binding on both parties. If the customer cancels or postpones such an appointment, we may charge the costs already incurred up to the cancellation — in particular for reserved or already-commissioned crew, subcontractors, talent, rentals and material — plus a kill fee. The amount of the kill fee is determined by when the written cancellation reaches us, relative to the agreed date.

Unless agreed otherwise in the individual case, the kill fee, based on the agreed order or day rate, amounts to: 50 % for cancellation from the 14th up to and including the 8th day before the date; 75 % from the 7th up to and including the 3rd day before the date; and 100 % from the 2nd day before the date, on the day itself, or for non-attendance (no-show). We reserve the right to claim a higher actual loss; the customer may prove that we incurred no loss or a lower one.

If an agreed appointment cannot take place for reasons neither party is responsible for — in particular bad weather for outdoor shoots, official orders or force majeure — a replacement date will be arranged. Costs already incurred (e.g. for crew and subcontractors already travelled or reserved) may be charged in this case as well.

Warranty and liability

The availability of our services depends on the functioning of the internet and infrastructure largely beyond our control. In cases of force majeure or other circumstances outside our responsibility we will inform the customer without delay.

All deliverables (drafts, online galleries, sketches, photographs, copies, digital files, etc.) must be checked by the customer and approved within three working days. Without feedback they are deemed accepted.

Our advice in writing or verbally is non-binding and does not release the customer from examining whether our services suit the intended purpose.

Termination of contract

If acceptance is delayed or for other important reasons (e.g. insolvency application, dismissal for lack of assets, payment default, force majeure) we may withdraw from the contract in whole or in part. The customer has no claims arising from such withdrawal, which becomes effective upon our declaration.

Data protection and change of address

We point out that we store and process the customer’s personal data electronically to fulfil this contract. Please refer to our privacy policy at https://skyline.at/datenschutz. https://skyline.at/datenschutz available privacy policy.

The customer must notify us immediately of any change to their business or residential address while the contractual relationship is ongoing.

Scope of services and form of delivery

The subject of delivery is exclusively the finished work in the agreed output format (in particular final image, video or layout files as exports). Unless expressly agreed otherwise in writing, the scope of services does not include unedited raw material (footage, RAW files) or any open project and working files (in particular editing, layout and processing projects, project structures, presets and templates).

Raw material and open project files

Raw material and open project and working files constitute operating resources and protectable know-how of Skyline and remain our property. They are released only on the basis of a separate written agreement and against a separately agreed fee.

Such a release does not grant any usage or editing rights beyond the agreed purpose unless these are expressly granted.

We point out that open project files regularly contain components subject to third-party rights (in particular music, fonts, stock material and plug-ins). For licensing reasons such components may not be passed on and are excluded from any release.

Materials provided by the customer (in particular logos, brand assets and supplied content) remain the property of the customer and will be returned on request.

Copyright and reproduction rights

Where we hold the rights in the supplied images and works, the customer acquires only a non-exclusive right to distribute and use them for the agreed purpose after payment. All other rights, in particular reproduction rights, remain with us.

Any modifications or further development of our services by the customer or third parties require our express consent.

We may refer to our company on all advertising materials and may mention the customer relationship on our own channels unless the customer withdraws consent in writing.

Storage of printed products and data

We are not obliged to store printed products, data carriers, films, photographs, or similar items after completion of the project unless expressly agreed. In such cases the customer bears the costs and risk of storage.

If temporary storage has been agreed, we are not liable for damage occurring despite due care.

Miscellaneous

Headings are for convenience only and must not be used for interpretation.

The place of performance for both parties is our registered office unless another location has been agreed.

Austrian substantive law applies; conflict-of-law rules, including the UN Convention on Contracts for the International Sale of Goods, are excluded.

The competent court in Salzburg, Austria, is agreed as the sole place of jurisdiction.

Should any provision be invalid, the remaining clauses remain unaffected. The parties undertake to replace the invalid provision with one that comes closest to its purpose.