Terms & Conditions

1) Scope & Acceptance

These Terms & Conditions ("Terms") govern the Dear Photogram — Eindhoven Analogue Experience ("Experience/Service"). By submitting a booking, attending the Experience, or ticking “I agree”, you confirm you have read and accepted these Terms.

If you do not agree with these Terms, please do not proceed with the booking and contact us for clarification. If you change your mind about any specific consent or preference (e.g., media/photography permissions), please inform our team in advance at [email protected] (ideally at least 24 hours before your session) so we can record and respect your preference without penalty. Statutory consumer rights remain unaffected.

2) Definitions

We/Us/Provider: Dear Photogram / Jose Penm (Jose Luis Peña Martinez, KvK 71980091). You/Participant: the person attending or booking the Experience. Private/Corporate Session: a bespoke, non-public session for a group, team or couple.

3) Booking, Eligibility & Participation

• Age: 16+. Minors 12–15 only with a responsible adult; some activities may not suit minors.
• Ability: This is a walking activity; you confirm you can participate safely.
• Language: Delivered primarily in English.
• Punctuality: Arrive 10 minutes early. Late arrivals may shorten the session; no-shows count as cancellations (see §6).

4) Pricing & Payment

• Prices are in EUR incl. applicable taxes unless stated otherwise; full payment (or deposit, where offered) confirms your booking.
• Add-ons/incidentals: for print upgrades, insured shipping, or replacement film under §9, we will email a secure payment link within the following days (typically within 3 business days). Payment is due within 7 days. Deliverables (e.g., scans/prints) may pause while amounts remain outstanding.

5) Right of Withdrawal (EU)

The EU 14-day withdrawal right does not apply to leisure services for a specific date/period. Once a date is reserved, bookings are not subject to the cooling-off right. Your statutory rights remain unaffected.

6) Rescheduling & Cancellations

Public sessions (your side)

• ≥72h before start: one free reschedule (subject to availability) or credit valid 6 months.
• <72h or no-show: non-refundable, not creditable.

Private/Corporate

• ≥7 days: free reschedule or credit (6 months).
• <7 days: 50% due. · <72h or no-show: 100% due.

Provider side

We may reschedule/cancel for safety, severe weather, or events beyond our control (see §7). If no suitable alternative date is possible, you may choose a full refund or credit.

7) Weather, Safety & Force Majeure

• Weather plan: We proceed in light rain. For heavy rain, storms, extreme temperatures or unsafe conditions, we may modify the route, shorten the activity, or reschedule.
• Force majeure: e.g., severe alerts, outages, illness, strikes, transport issues, government measures, epidemics.
• Outcomes: We will propose alternative date(s); if none fit, you may choose refund (public) or credit/refund per Private/Corporate terms.
• We are not liable for indirect or consequential losses (e.g., travel costs).

8) Health, Safety, Conduct & Alcohol Policy

• Follow safety instructions during the walk and near any equipment.
• No alcohol/intoxication: alcoholic beverages and recreational drugs are not permitted during any portion of the Experience. Participation may be refused/ended without refund if intoxication is suspected.
• Cordial conduct: Be respectful to fellow participants and the public; harassment, discrimination or aggressive behaviour is prohibited.
• Respect private/public property and local regulations. We may refuse/end participation without refund for unsafe, disruptive, or non‑compliant behaviour.

9) Equipment, Film & Results

• Loan cameras (if provided): reasonable care required; negligent loss/damage → repair/replacement cost payable.
• Your own gear: remains your responsibility.
• Film supply: unless stated otherwise, we provide one 36‑exposure roll per participant (stock may vary).
• Manufacturer defects: analogue film may present factory defects. These are not covered by the Provider; we will assist with documentation for manufacturer/retailer claims but are not liable for such defects.
• Participant‑caused damage: if the film is damaged by the participant (e.g., misloading, opening the back mid‑roll, tearing, light leaks due to mishandling, chemical contamination), it will not be replaced free of charge. We will arrange a replacement roll at studio price and email a secure payment link within the following days (typically within 3 business days). Payment is due within 7 days. If you choose not to purchase a replacement, we will continue instruction with available materials/time without additional film.
• Analogue variability: no guarantee of a minimum number of “keeper” images or a specific aesthetic outcome.
• Processing issues (our fault): limited to (a) replacement roll + (b) one make‑good session or (c) a refund of the session fee for the affected participant — your choice. No consequential losses covered.

10) Deliverables & Shipping

• Digital scans included per plan; Premium includes one fine art print.
• Pick‑up at gallery‑home; insured shipping available (extra). Risk passes to carrier upon handover. Customs/import outside NL are your responsibility.
• Deliverables may pause while amounts are outstanding under §§4 or 9.

11) Accessibility

Certain urban routes may have limited accessibility. Contact us in advance; we’ll do our best to accommodate or propose alternatives.

12) Promotional Use & Media Preferences (opt‑out)

We routinely document the Experience (photo/video/audio) for promotional purposes across websites, social media, advertising and printed media, respectfully and without disrupting the activity.

If you prefer not to appear in any promotional materials, please tell us in advance at [email protected] (ideally ≥24h before your session) or inform the host on arrival. We will record a no‑media preference and avoid capturing/publishing identifiable images of you. You may also change your preference later: we will honour future‑use withdrawals and, for online materials, use reasonable efforts to remove content within a practical timeframe. Materials already printed or publicly distributed before your request may remain in circulation.

• Minors: we do not publish identifiable images of minors without prior written guardian consent.
• Group/ambience shots: we may use non‑identifiable crowd/details (e.g., back‑of‑head, hands, equipment close‑ups).
• Photo rights: your own photographs remain yours; this clause does not transfer your copyright.

13) Privacy & Data Protection

We process personal data per our Privacy Policy (see website). We do not sell participant data. To exercise GDPR rights, email [email protected].

14) Gift Cards / Vouchers

• Valid 12 months unless stated otherwise.
• Non‑refundable and not redeemable for cash except where required by law.
• Transferable once (notify us by email).

15) Promotions & Third‑party Platforms

Promotions cannot be combined unless stated. Bookings through Airbnb/Meetup also follow their platform policies; these Terms govern participation and safety.

16) Liability & Indemnity

To the maximum extent permitted by law, we exclude liability for indirect/incidental/consequential damages. Our total liability for any claim shall not exceed the amount paid for the booking at issue. You agree to indemnify us for claims arising from your breach, negligence, or misuse of equipment.

17) Insurance

We maintain reasonable business liability coverage. We recommend personal travel/accident insurance appropriate to urban walking activities.

18) Changes to the Experience

We may refine routes, timings, or content to improve safety/quality; material changes will be communicated reasonably in advance.

19) Severability

If any clause is invalid, the remainder stays in effect.

20) Governing Law & Venue

Dutch law applies. Disputes: Netherlands (Eindhoven/Oost‑Brabant), without prejudice to mandatory consumer protections.

21) Contact

[email protected] · Dear Photogram / Jose Penm — Jose Luis Peña Martinez, KvK 71980091, Eindhoven, The Netherlands.