Terms of Service

1. Overview

Photo Portugal ("we," "us," "our") operates a marketplace platform at photoportugal.com that connects tourists ("clients") with professional photographers ("photographers") in Portugal. By using our platform, you agree to these terms.

2. Accounts

• You must provide accurate information when creating an account
• You are responsible for maintaining the security of your account
• One person may not maintain more than one account
• You must be at least 18 years old to create an account

3. For Clients

• Booking requests are not confirmed until the photographer accepts
• Full payment is collected at the time of booking and held securely until photo delivery
• You agree to show up at the agreed time and location
• Reviews must be honest and based on your actual experience
• You may not use photographer's images for commercial purposes without their written consent

4. For Photographers

• You represent that you have the skills and equipment to provide professional photography services
• Portfolio photos must be your own original work
• You must respond to booking requests within 24 hours
• You agree to deliver photos within the timeframe stated in your package
• You are responsible for your own taxes, insurance, and legal compliance
• Subscription fees (Pro, Premium plans) are billed monthly and non-refundable
• You are strictly prohibited from soliciting or conducting business with clients who contacted you through Photo Portugal outside of the platform. This includes exchanging contact details, redirecting clients to personal websites, or accepting direct payments. Violation of this policy will result in immediate and permanent account termination

5. Payments & Escrow

All payments are processed securely through Stripe. When a client books a photoshoot, the full amount is charged and held in escrow by Photo Portugal. The payment flow works as follows:

• Client pays the full package price at the time of booking
• Funds are held securely until the photographer delivers the photos and the client accepts the delivery
• Once the client accepts the delivery, the photographer's share (minus platform commission) is released to them
• If the client does not respond within 14 days after delivery, the payment is automatically released to the photographer
• If the client does not accept or dispute within 7 days, the photographer may contact our support team to resolve the situation

6. Platform Commission

Photo Portugal charges a commission on each completed booking. Commission rates depend on the photographer's plan:

• Free plan: 20% commission
• Pro plan (€29/month): 15% commission
• Premium plan (€59/month): 10% commission

Commission is deducted from the photographer's payout when the booking is completed. If a booking is cancelled by the client 7+ days before the shoot, no commission is charged. For late cancellations where a partial payment is retained by the photographer, commission applies to the retained amount.

7. Cancellation by Client

Clients may cancel a confirmed booking through their dashboard. Refund amounts depend on timing:

When a partial or no refund applies, the retained amount is paid to the photographer as compensation for their reserved time.

8. Cancellation by Photographer

When a photographer cancels a booking, the client always receives a 100% refund, regardless of timing. Photographers are expected to honour confirmed bookings.

• If the photographer cancels less than 48 hours before the shoot, Photo Portugal will attempt to find a replacement photographer
• Repeated cancellations (3 or more within a 3-month period) may result in loss of Featured status, reduced visibility, or account suspension

9. Rescheduling

• Free reschedule: one reschedule per booking is free if requested 48+ hours before the shoot
• Late reschedule: requests within 48 hours are at the photographer's discretion
• Weather reschedule: either party may request a free reschedule due to weather conditions unsuitable for outdoor photography — no penalties or fees apply

10. Photo Delivery

Delivery timelines are set by the photographer in each package (typically 3–14 days).

• Photos are delivered via a private, password-protected gallery on Photo Portugal
• If the photographer exceeds the delivery deadline by 3 or more days, the client may request a partial refund (up to 20% of the booking amount)
• If the photographer fails to deliver within 14 days after the deadline, the client receives a full refund and the photographer's account may be suspended
• After delivery, the client has 7 days to accept the photos or open a dispute
• If the client does not respond within 7 days, the photographer may contact support to resolve the payment release. After 14 days of client inactivity, payment is automatically released to the photographer
• Delivered photo galleries remain accessible for 90 days

11. Disputes & Quality Guarantee

If you are unsatisfied with the delivered photos, you may open a dispute within 7 days of delivery. Photo Portugal will review the dispute and respond within 5 business days, working with both parties to reach a fair resolution.

Grounds for a valid dispute:

• Significantly fewer photos than promised in the package
• Photos taken at the wrong location or of the wrong subjects
• Severe technical issues (extreme blur, overexposure, corruption)
• Photographer no-show or incomplete session

Possible resolutions:

• Reshoot: the photographer agrees to redo the session at no additional cost
• Partial refund: 20–50% of the booking amount, depending on the severity
• Full refund: in cases of photographer no-show or complete failure to deliver

Subjective preferences ("I don't like the editing style") are not grounds for a refund. We encourage clients to review photographer portfolios and discuss their vision before booking.

12. Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including but not limited to: natural disasters, severe weather, government restrictions, pandemics, or civil unrest. In such cases, both parties are entitled to a full refund or free reschedule.

13. Intellectual Property

Photographers retain full copyright of all images they create. Clients receive a personal-use license for the photos from their session.

Personal use includes:

• Sharing on personal social media accounts (Instagram, Facebook, etc.)
• Printing for personal display (home, gifts)
• Using as phone/desktop wallpaper or profile photos

Not permitted without photographer's written consent:

• Commercial use (advertising, product packaging, resale)
• Stock photography licensing
• Use in AI/ML training datasets
• Editing or altering photos beyond basic cropping and filters

Photographer usage rights:

By booking a session, the client agrees that the photographer may use photos from the session in their portfolio, on their Photo Portugal profile, and for professional marketing purposes (website, social media, promotional materials). If the client does not wish their photos to be published, they must inform the photographer before or during the session. The photographer is obligated to respect this request.

Photo Portugal does not claim ownership of any photos created during sessions booked through the platform. Any disputes regarding image usage are between the client and the photographer. Photo Portugal may assist in resolving such disputes but is not liable for unauthorized use of images by either party.

14. Prohibited Content & Behaviour

• Fake reviews or manipulated ratings
• Portfolio photos that are not your own work
• Offensive, discriminatory, or illegal content
• Spam or unsolicited promotional messages
• Attempting to arrange bookings or payments outside the platform to avoid fees

15. Platform Role & Liability

Photo Portugal is a marketplace that facilitates connections between clients and photographers. While we verify photographer profiles, moderate reviews, and provide dispute resolution, we are not a party to the service agreement between clients and photographers. Photo Portugal is provided "as is" without warranties of any kind. Our total liability is limited to the amount of the booking in question.

16. Dispute Resolution & Governing Law

All disputes between users shall first be resolved through Photo Portugal's internal dispute resolution process as described in Section 11. If the internal process does not lead to a satisfactory resolution, parties agree to attempt mediation before pursuing legal action.

These terms are governed by the laws of Portugal. Any legal proceedings shall be brought in the courts of Lisbon, Portugal.

17. Payment Chargebacks

If a client initiates a chargeback through their bank or credit card provider instead of using Photo Portugal's dispute process, we reserve the right to suspend their account pending investigation. Photographers affected by chargebacks will be notified and may provide evidence to contest the chargeback. Fraudulent chargebacks may result in permanent account suspension.

18. Contact

Questions about these terms? Contact us at info@photoportugal.com or through our contact page.