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03 06

婚礼照竟为视频截屏 新娘获赔精神损失费

  • 发布日期: 2019-03-06

“就拿我丈夫家的这张全家福来说,照片中有很多长辈,以后可能再也没有机会照这样的照片了”,法庭上,王女士举着一张由摄影视频截屏出的模糊照片对婚庆公司的代理人说道。
 
"Take this family photo of my husband's family for example, there are many elders in the picture, and there may never be a chance to take such a picture again," Ms. Wang said to the agent of the wedding company holding a blurred photograph captured by a photographic video in court.
 
 
 
“就拿我丈夫家的这张全家福来说,照片中有很多长辈,以后可能再也没有机会照这样的照片了”,法庭上,王女士举着一张由摄影视频截屏出的模糊照片对婚庆公司的代理人说道。由于委托的婚庆公司摄影师迟到,后又将婚礼摄影原片丢失,王女士怒气难平,将婚庆公司诉至法院。昨日,在北京市丰台区人民法院的主持下,原被告双方达成调解协议。
 
"Take this family photo of my husband's family for example, there are many elders in the picture, and there may never be a chance to take such a picture again," Ms. Wang said to the agent of the wedding company holding a blurred photograph captured by a photographic video in court. Due to the late arrival of the entrusted photographer of the wedding company and the loss of the original wedding photographs, Ms. Wang was angry and sued the wedding company to the court. Yesterday, under the auspices of the People's Court of Fengtai District, Beijing, the plaintiffs and defendants reached a mediation agreement.
 
王女士起诉称,2009年7月9日,她与北京一家婚庆公司签订婚庆服务合同,约定由该公司下属的主题婚礼会馆为其提供一系列婚庆服务,王女士在婚礼前一天全额支付了合同款。婚礼当天由于被告公司摄影师迟到,致使视频缺失了新郎接亲准备、亲友扎婚车、放礼花、婚车出发等重要镜头。11月5日,原告收到婚礼视频和摄影光盘后,发现摄影质量粗糙、人物模糊、画面失真,集体合影部分人物走形、无法辨认。后退回被告处修片,仍未有任何改动,被告表示已无任何修复可能。经与被告方多次沟通交涉,方知照片实为视频截图,摄影原片因摄影师失误已经丢失。
 
Ms. Wang sued that on July 9, 2009, she signed a marriage service contract with a Beijing wedding company and agreed that the company's theme wedding hall would provide a series of wedding services for her. Ms. Wang paid the contract in full the day before the wedding. Due to the late arrival of photographers from the defendant's company on the wedding day, the video lacks the important scenes such as the groom's preparation for receiving relatives, the bridal car tied by relatives and friends, the fireworks, the wedding car departure and so on. On November 5, the plaintiff received the wedding video and photo disc, and found that the photography quality was rough, the characters were blurred and the picture was distorted. Some of the characters in the group photo were out of shape and could not be recognized. Back to the defendant to repair the film, there is no change, the defendant said that there is no possibility of any repair. After many communications and negotiations with the defendant, it is known that the photograph is actually a video screenshot, and the original photograph has been lost due to the photographer's mistake.
 
 
 
王女士认为,婚礼照片是具有人格象征意义的特定纪念物品,不仅记录了婚姻美好的开始,还记录了众多亲友的祝福,人生历史意义重大。被告公司的行为给新人及双方家人、亲友造成了难以弥补的物质和精神损失,因此王女士将婚庆公司诉至法院,请求法院判令被告违约,退还摄影费用和摄像费用各1000元,支付精神损害赔偿金3万元,并在被告公司网站首页公开赔礼道歉30天。
 
Ms. Wang believes that wedding photos are special memorabilia with symbolic personality. They not only record the happy beginning of marriage, but also record the blessings of many relatives and friends. Life and history are of great significance. The acts of the defendant company caused irreparable material and spiritual losses to the couple and their families and friends. Therefore, Ms. Wang sued the wedding company to the court and asked the court to order the defendant to breach the contract, return the photography fee and the photography fee to each 1000 yuan, pay compensation for mental damage to 30,000 yuan, and publicly apologize for 30 days on the front page of the defendant's website.
 
 
 
法庭审理过程中,被告承认公司摄影师迟到和丢失王女士婚礼摄影原片的事实。被告公司称,在另外一场婚礼中,储存原告摄影原片的笔记本电脑被盗,公司已经报了案,但现在还没有结果。公司称,他们愿意退还摄影费用和摄像费用,但是原告要求的精神损害赔偿金过高。
 
During the court hearing, the defendant admitted that the company photographer was late and lost the original photograph of Ms. Wang's wedding. The defendant's company said that in another wedding, a laptop computer storing the plaintiff's photographs was stolen, and the company had reported the case, but no results have been obtained. The company said it was willing to refund the cost of photography and photography, but the plaintiff demanded too much compensation for mental damage.
 
 
 
“婚礼是一个人人生中非常重要的大事,记录这一时刻的照片对于任何人来说都非常重要,不管是什么原因,你们公司没有保存好婚礼照片的原底,还拿摄像截屏出的照片来糊弄我们,就是你们的不对。我们不缺这点钱,但是我们必须要个说法。”庭审中,王女士激动地说道。
 
"Wedding is a very important event in everyone's life. It's very important for anyone to record the photos of this moment. Whatever the reason, your company didn't keep the background of the wedding photos well and fooled us with the photos captured by the camera. That's your mistake. We don't lack this money, but we have to say that. During the trial, Ms. Wang said excitedly.
 
 
 
在法院的主持下,原被告本着互谅互让的原则达成调解协议,由婚庆公司退还王女士摄影费用和摄像费用,支付精神损害赔偿金8000元,并书面赔礼道歉。
 
Under the chairmanship of the court, the plaintiff reached a mediation agreement based on the principle of mutual understanding and compromise. The wedding company returned Ms. Wang's photography and camera fees, paid 8,000 yuan compensation for mental damage, and apologized in writing.


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