Terms and conditions of hire

1. Purpose and scope

These terms and conditions govern every hire of photo booth equipment and every entertainment service supplied by Boothly (“the provider”) to a client, whether a private individual or a business.

They form an integral part of the quote and the booking confirmation. Accepting a quote means accepting these terms. Any conflicting purchasing terms of the client are only enforceable against the provider if accepted in writing.

2. Quote and booking

1. The client sends their request; the provider replies with a detailed quote, generally within 24 working hours.
2. The quote is valid for 14 calendar days unless stated otherwise. It sets out the date, the plan, the equipment, the add-ons and the total price.
3. The booking becomes firm once both the written acceptance of the quote and the payment of the deposit have been received.
4. The provider then sends a written confirmation setting out the date and times agreed.

Until the deposit is received, the date stays open to other requests. High-season dates go quickly: the provider cannot guarantee availability announced in a quote that has not been confirmed.

3. Prices and payment

Prices are stated in euros and include all taxes, Belgian VAT of 21 % included. They cover delivery, installation, calibration, test prints, take-down and collection of the equipment. The presence of a member of the provider’s staff during the service is not included.

• Deposit: 30 % of the total amount, payable on order. It holds the date: no other request is accepted for that slot once the deposit is received.
• Balance: payable by bank transfer at the latest 7 calendar days before the date of the event. No payment is asked for on site on the day itself.
• Travel costs: included within the radius stated on the quote; beyond that they are charged per kilometre and always shown on the quote.
• Add-ons requested on site and accepted by the provider: invoiced after the event at the rate then in force. No plan is charged by the hour.
• Charges imposed by the venue (paid parking, access fee, venue deposit): payable by the client.

Where a consumer client pays late, a first reminder is sent free of charge and opens a period of at least fourteen calendar days before any interest or compensation may be claimed, in line with Book XIX of the Belgian Code of Economic Law. For business clients, the late-payment interest and the fixed compensation provided for by the Act of 2 August 2002 on late payment apply as of right.

4. Cancellation and rescheduling

• Rescheduling at the client’s initiative: free of charge if notified at least 30 calendar days before the date. The deposit is carried over to the new date, subject to availability, and no admin fee is charged. One free reschedule per booking.
• Cancellation more than 30 days out: the 30 % deposit is retained by the provider as fixed compensation. No further amount is claimed.
• Cancellation between 30 and 7 days: compensation of 50 % of the total amount is due, deposit included. Any balance already paid above that amount is refunded within 14 days.
• Cancellation less than 7 days out: the balance may be claimed, that is 100 % of the total amount, the equipment and the date being reserved and no longer reassignable within that window.
• Cancellation by the provider: other than force majeure, all sums paid are refunded within 14 days and the provider does everything possible to offer an equivalent replacement, at its own cost if that replacement is more expensive.

Any cancellation or request to reschedule is made in writing (email), the date of receipt being decisive.

In the event of force majeure within the meaning of Article 10 making the event impossible (an administrative ban on gatherings in particular), the client chooses between carrying the deposit over free of charge to an available date within twelve months, or a refund of the sums paid, less the costs actually incurred and evidenced.

5. Right of withdrawal

In accordance with Article VI.53, 12° of the Belgian Code of Economic Law, the fourteen-day right of withdrawal does not apply to service contracts relating to leisure activities concluded for a specific date or period of performance. Booking a photo booth for a specific event date falls within that exception.

The cancellation and rescheduling terms set out in Article 4 remain applicable.

6. Access to the venue and installation

The client warrants that the venue allows installation under normal conditions. They provide, or have the venue manager provide:

• a flat, stable surface of the dimensions stated on the quote, with enough clearance in front of the booth;
• about 2.4 m of headroom at the planned spot;
• a 220 V supply less than 10 metres away, on an available circuit;
• access allowing the equipment to be unloaded and carried to its position;
• access to the venue at least one hour before the agreed start time;
• outdoors, a covered and sheltered spot, away from direct sunlight.

The client obtains any permits required from the venue manager. If installation proves impossible for a reason attributable to the client or the venue, the full price remains due.

A delay in access attributable to the client or the venue does not move the agreed take-down time.

7. How the service runs

The provider arrives at least one hour before the booth opens. The service covers the whole event and is not charged by the hour: the time the booth opens and the take-down time are agreed with the client at booking.

The provider installs, calibrates and tests the equipment, then explains how it works to a person appointed by the client. The provider does not stay on site during the service: the equipment runs by itself. Spare consumables are left with the client and phone support is reachable until the take-down.

The provider reserves the right to stop the service, with no refund, in the event of dangerous behaviour, aggression towards its staff or deliberate damage to the equipment.

8. Equipment and liability

The equipment remains the property of the provider in all circumstances. It may not be moved, dismantled, opened or modified by the client or their guests.

The client is liable for damage caused to the equipment by themselves, their guests or their other suppliers, save for normal wear and tear. Damage is charged at the cost of repair or replacement, on production of supporting documents.

The provider carries professional liability insurance. Its liability is limited to the amount of the service invoiced and does not cover indirect damage (loss of enjoyment, non-material loss, loss of profit).

In the event of a technical fault, the client contacts the phone support line, reachable until the take-down. The provider assists remotely and travels to the venue if putting the booth back into service requires it. Spare consumables are left on site, and a second camera and a back-up printer accompany every job.

• Continuous interruption of more than 60 minutes: the share of the price matching the time not delivered, measured against the agreed period between opening and take-down, is refunded pro rata, without the client having to ask.
• Photo booth never put into service: if no photo could be taken for a cause attributable to the provider or its equipment, all sums paid are refunded.
• Printing unavailable although the plan includes it: if shots continue but printing is interrupted for more than thirty minutes, the “prints” share of the plan is refunded and the missing prints are sent by post at the provider’s expense.

These refunds are made within fourteen days of the event. They do not apply where the interruption results from a cause attributable to the client or the venue: a power cut in the building, a breaker overloaded by other equipment, the equipment being moved without agreement, or damage caused by a guest.

9. Photographs and image rights

The photographs and videos produced during the event belong to the client. They are handed over and made available in a private gallery for the period covered by their plan.

The client informs their guests that the photo booth is there. Participants pose freely and willingly; stepping in front of the lens counts as accepting the shot within the private setting of the event.

The provider publishes no image without the prior written agreement of the client and of the recognisable people in it. Anyone visible in a photograph may ask for it to be taken down at any time, without giving a reason.

The processing of personal data is described in the privacy policy.

10. Force majeure

Force majeure means any unforeseeable event beyond the control of the parties that prevents the service from being carried out: natural disaster, fire, flood, widespread power failure, an administrative decision banning gatherings, a serious accident or sudden illness of the staff assigned to the job.

In such a case, the parties first look for a new date agreed between them. If no reschedule is possible, the sums paid are refunded, less the costs actually incurred and evidenced.

A transport strike, a traffic jam or ordinary bad weather do not in themselves amount to force majeure: the provider allows enough margin in its travel times.

11. Complaints

Any complaint about how the service was carried out must be sent in writing to contact@boothly.be within 14 calendar days of the event, with a precise description of the problem.

The provider answers as quickly as possible. Failing an amicable agreement, a consumer may refer the matter to the Consumer Mediation Service (FPS Economy), whose procedure is free of charge.

12. Partial invalidity

If a clause of these terms were to be declared void or unenforceable, the other clauses would remain fully in force. The clause concerned would be replaced by a valid provision whose economic effect comes closest to the one intended.

13. Applicable law and competent courts

These terms are governed by Belgian law.

Any dispute falls to the courts of the judicial district of the provider’s registered office. Where the client is a consumer, the protective rules on territorial jurisdiction of the Belgian Judicial Code remain applicable and the consumer keeps the option of bringing the matter before the court of their domicile.