Member Terms

1.1 These Terms govern the listing of locations on the Plush74 platform and bookings placed through it.

1.2 They apply to members acting in the course of a trade, business or profession. Members who are consumers are contracted with separately.

1.3 The contracting Plush74 entity is determined by the country in which the location is situated, as set out in Schedule 1.

2.1 The Member is responsible for the accuracy of its listing, including description, capacity, facilities, access arrangements and restrictions.

2.2 The Member grants Plush74 the right to use images and descriptions of the location to market the location and the platform, and warrants that it holds the rights necessary to do so. This right ends on removal of the listing, save for material already published.

2.3 Plush74 may present a location under a non-identifying name. The Member’s identity is disclosed to a client in connection with a specific booking.

3.1 Plush74 books locations in its own name and on its own account and grants usage rights onward to its client. The Member’s counterparty is Plush74. The Member has no contractual relationship with the client, save for the direct claim under clause 6.

3.2 The Member receives a single agreed payout per booking. Save for clause 3.4, no commission, member fee, deduction, retention or set-off is applied to it. Plush74 agrees its own price with the client separately; the difference is Plush74’s margin and is not a fee, commission or remuneration owed by the Member.

3.3 Where clause 3.1 is not available or not appropriate for a particular booking, Plush74 may act as a disclosed intermediary. Any such arrangement is agreed in text form in advance.

3.4 Overtime hours shown on a Booking Confirmation or Booking Agreement are subject to the Plush74 member fee.

4.1 An option holds a location for a stated period. The Member shall not accept a competing booking for the same period without giving Plush74 the opportunity to confirm or release.

4.2 A booking becomes binding on conclusion of the Booking Agreement.

4.3 Cancellation compensation and the consequences of a cancellation by the Member are set out in the Booking Agreement.

5.1 Plush74 pays the agreed payout within the period stated in the Booking Agreement, and guarantees payment irrespective of whether the client has paid.

5.2 The Member shall issue an invoice complying with the applicable law of the country in which it is established, addressed to the contracting Plush74 entity, quoting the P74 code.

5.3 The Member shall state its tax status before invoicing, in particular whether it is subject to the standard regime, a small business regime, or a reduced rate, and shall not show tax it is not entitled to charge. Where an invoice is defective and input tax recovery is refused as a result, the Member shall reissue a compliant invoice and reimburse any irrecoverable tax attributable to the defect.

6.1 The client is responsible for returning the location in the condition in which it was taken over and is liable for damage caused during the booking.

6.2 The client assumes those obligations, together with its obligations as to conduct, restricted areas, use of recordings and insurance, expressly for the benefit of the Member as a genuine contract in favour of a third party. The Member has a direct claim against the client in its own name and may enforce it against the client and the client’s insurer without joining Plush74. The legal basis is stated in the Booking Agreement according to the applicable law (Schedule 1).

6.3 The Member may not recover the same loss twice. Amounts recovered from the client reduce Plush74’s liability to the same extent, and vice versa.

7.1 The Member warrants that it is entitled to grant access and the rights conferred, that any consent of a landlord, co-owner or authority has been obtained, that the location may lawfully be used as described, and that the location and its installations are safe and fit for the described use.

7.2 The Member shall make a responsible person available or reachable throughout a booking.

7.3 Location-specific restrictions, such as occupancy limits, access arrangements, restricted areas and technical limits, are binding only where notified in text form before the booking. The Booking Agreement records them.

The Member shall maintain property insurance for the location and shall use reasonable endeavours to procure a waiver of recourse against Plush74 and the client to the extent of any loss recoverable under that policy.

9.1 For 24 months from the last booking day the Member shall not accept or solicit a booking of the location, or of any other property it controls, for photographic or audiovisual production from the client, the end client, or any production company, agency or producer introduced in connection with a booking, otherwise than through Plush74. This does not apply where the Member can demonstrate a pre-existing commercial relationship, nor to bookings unconnected with photographic or audiovisual production.

9.2 The Member shall not disclose the commercial terms agreed with Plush74 to the client, the end client or the production crew, and shall procure that its personnel observe the same restriction.

10.1 Governing law, place of jurisdiction and the authoritative language version are determined under Schedule 1 and stated in the Booking Agreement.

10.2 Where a Booking Agreement is executed in two languages, the version identified in it as authoritative prevails.

11.1 In the event of conflict, the Booking Agreement prevails over these Terms, and these Terms prevail over the Booking Confirmation.

11.2 Plush74 may amend these Terms with effect for future bookings. The version in force when a Booking Agreement is concluded applies to that booking.

Determined by where the location is situated, not by where the parties are.

Tax. Location bookings are services connected with immovable property and are taxed where the property is situated. Rate and mechanism follow that country’s law and are stated in the Booking Agreement and on the invoice. Services not connected with immovable property, such as coordination, equipment hire and scouting, follow the general rules and may be invoiced separately, including under a reverse charge where applicable.

Language. Where the client has no German-reading signatory, English may be designated authoritative in the Booking Agreement.

Locations outside Germany and Switzerland. The structure is confirmed per booking before a quote is issued, having regard to local registration and tax obligations. Where the principal model would trigger a foreign registration obligation, the intermediary route may be used.