On the issue of breach of contract in the wedding photo studio, issues related to the wedding photog

First of all, you have to keep the evidence that you have taken photos of the sea view in the photo studio, such as: the original order of your own photos at the beach ** (if any), in case the negotiation fails in the future, go to court, the photo studio says that you have no outdated photos at all!

This kind of thing, it is best to negotiate with the photo studio to solve it, and it is more troublesome to take legal channels!

When negotiating with the studio, you have to understand that you have no responsibility, and taking interior photos is something that can be done at any time for the studio, and it will not adversely affect him!

You can ask him to retake the sea photos for you free of charge, and the same level of makeup artist and photographer must reshoot for you, and then ask for compensation for the loss of lost work, and of course you need to provide proof of wages!

Then you can ask him to give a certain amount of moral compensation, after all, it is difficult to guarantee the state of the reshoot!

If the photo studio does not agree to your request, you can complain to the consumer association TV station, etc., and in the end, if not, take the judicial route and file a civil lawsuit with the grassroots people's court where the photo studio is located!

Are you satisfied with the above?

This kind of thing can't be said to be all the fault of the photo studio, they will definitely try to help you do it as much as they promised you. I won't give you a full refund, because people are also in business, as long as you promise you to do your best, try to give you nothing short of things. Be forgiving and forgiving.

1: Force them to find out the order:

You can increase the requirements on the basis of what you remember:

For example, there were originally 5 sets of clothes, and you said that you remembered 6 sets, and there were originally 2 albums, and you said that you remembered 3 books, and so on!

In order to prevent possible pitfalls, it is important to mark the following details:

1) The number of clothing sets and whether the whole store is optional.

2) Album size, number of pages, album type (Bible, Crystal, etc.), number of albums.

3) The number of shooting scenes.

4) Whether makeup, flat eyelashes, etc. are provided free of charge.

5) The number of shots and whether they are all sent.

6) Enlarge the size and enlarge the product type (photo frame, lamina, crystal).

Through these agreements, he could not find the order and asked him to rewrite it. At the same time, you need to keep the deposit voucher and ask for a refund if it does not meet your requirements and cannot present the original order.

In the normal process of the photo studio, the reservation form must be copied on paper, in duplicate or triplicate, one is handed over to the guest, and one is kept as the base sheet in order to check the loss of the order and the verification of the company's accounts.

So there are two questions here that are very questionable:

1): Orders are not available to the order guest.

2): The company does not have a deposit.

2: If there is no previous order, then you must have no choice but to communicate with you to rewrite the order, then the specific content, you refer to their set of tables and other details agreed upon to supplement, if you refuse to open a bill, you must ask for a refund, because this is originally an abnormal process model.

Photo studio shooting newcomers are required courses, take a look at the knowledge here:

You can ask them to sign a new contract with you, and include the words "The original contract was lost due to poor storage by the studio" on the new contract, as well as the date the original contract was signed. This will not only protect your interests, but also prevent them from asking you for money in the future.

The wedding photography paid a deposit, and the deposit can be refunded. If the party who pays the deposit performs its obligations in accordance with the agreement, the deposit can be refunded after the judgment is rolled; or if the other party fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit may be refunded twice; However, if the parties do not perform as agreed, the deposit cannot be refunded.

Article 586 of the Civil Code of the People's Republic of China: The parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract shall be established when the deposit is actually awarded by the University. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the effect of the deposit shall not be exceeded.

If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

The second paragraph of Article 114 of the Contract Law stipulates that: "If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them." If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

In other words, even if the parties agree on the amount of liquidated damages or the calculation standard in the contract, if the standard is different from the actual loss, the people's court can also request the people's court to adjust it during the litigation. Specifically, the provisions here reflect the protection of the non-breaching party by the law: if the agreed liquidated damages are lower than the actual loss, the parties (usually the non-breaching party) can request an increase, and as long as it is "lower", they can request an increase, and there is no quantitative requirement; If the agreed liquidated damages are excessively higher than the losses caused, the parties (usually the breaching party) may request an appropriate reduction, which must be "excessively higher" and have a quantitative requirement, and can only request an "appropriate" reduction.

In addition, such requests for increase or appropriate reduction must be made orally or in writing by the parties in the litigation or arbitration, otherwise, the court or arbitration authority cannot increase or decrease it ex officio. In order to protect the security of transactions, the law provides detailed provisions on the application of liquidated damages.

Legal analysis: Ask for detailed payment methods and payment times, whether you can pay in cash or by card. So is there an additional fee for swiping the card?

Finally, ask if there are any special requests or if there are any additional charges. Before the makeup shoot, the bride-to-be doesn't know whether she is suitable for the shooting theme, and the photo studio will generally determine the type of makeup according to the theme, whether it is light makeup or smoky makeup, etc., if the makeup has been put on before the shooting, but finds that she doesn't like it, she can change the theme or change the makeup. There is also whether the photo studio can provide free makeup and necessary cosmetics, and how to coordinate if it is not provided or what is not provided.

When signing the contract, you should clearly write down the gifts that should be available. In addition, many wedding photography agencies will provide wedding dresses on the wedding day for free, Shixun is by no means a photo studio wedding dress shooting is very good, and it is not suitable for the wedding scene, so it is best to give up this service and choose more affordable services in shooting, such as asking them to send a few more photos**.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows that it does not perform its contractual obligations by its own conduct, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

If a civil dispute occurs after taking wedding photos without signing a contract, the two parties can first negotiate and settle the contract to re-sign; Alternatively, a third party can be invited to intervene in mediation. If the above two methods cannot be resolved, a civil lawsuit can be filed with the court, and relevant evidence can be submitted to prove that the contract for wedding photos has been signed for litigation settlement.

[Legal basis].

Article 119 of the Civil Procedure Law provides that a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.