TERMS AND CONDITIONS

The business conditions listed below form the legal basis for all services rendered by our company, and by giving an order to VisumPOINT GmbH implies the customer agrees to be bound thereby. Divergent and supplementary side agreements only become effective when confirmed in writing by VisumPOINT GmbH, and the contract is based solely on our conditions. Other business conditions are not included in the contract, even if we do not expressly refuse them.

Services
In return for payment VisumPOINT GmbH provide services for obtaining visas and legal approvals. Any decision on granting of a visa involving validity and approved length of stay in the destination country or certification of documents is a matter exclusively determined by the consulate concerned. Payment of a fee to ourselves does not necessarily result in a visa award or certification. If the consulate concerned makes a charge despite rejecting an application, the customer is responsible for payment of that fee, because the responsibility of VisumPOINT GmbH is simply as facilitator. Activities subject to authorisation, especially legal consulting, do not form part of our contracts. In the absence of precise instructions we tailor our services according to our reasonable discretion, thus we decide the means of despatch for your documents. VisumPOINT GmbH is entitled to subcontract performance of duties either in part or in whole to third parties, and may also refuse orders without giving any reason. An order comes into existence only upon specific confirmation on the part of VisumPOINT GmbH.

In addition VisumPOINT GmbH provides services connected with international and domestic employee transfers (e.g. organisation of departure and arrival formalities; organisation of work and residence permits; legalisation of documents and other specific official forms; assistance in the quest for apartments and accommodation; settling in; intercultural training; orientation tours; departure service). Services provided by VisumPOINT GmbH are performed exclusively on the basis of these business conditions, which are acknowledged by customers upon use of the services. Divergent customer business conditions only apply, if VisumPOINT GmbH has specifically agreed in writing thereto.

Prices
Fees payable for our services and refund of visa and passport charges together with any despatch costs incurred are levied in line with our tariffs that are valid at the time of service order. These tariffs are binding, even if this is not specifically agreed. Bank and credit card debit will take place one day after placing the order. Such payments are unaffected by the refusal of a visa or passport application since contractual agreement involves services with no guarantee of successful application. VisumPOINT is entitled to levy the invoiced amount by sending your documentation "Cash On Delivery" (COD). Charges levied by VisumPOINT can only be challenged in clear-cut cases involving legal enforcement of counter-claims.

Liability
VisumPOINT GmbH carries out all relevant services covered by an order with due commercial care. Any decision on grant of a visa involving validity and approved length of stay in the destination country or certification of documents is a matter exclusively determined by the consulate concerned, and VisumPOINT assumes no liability for refusal of any order we process. Similarly we are not liable for any information communicated. The services contained in the service agreement are limited to acquisition and handover of visas including all documentation through a courier company selected by the customer or by VisumPOINT GmbH. VisumPOINT GmbH is not normally liable for any loss, damage or delayed delivery. Liability on the part of VisumPOINT GmbH for damage suffered by the customer only arises if VisumPOINT GmbH can be demonstrated to be guilty of premeditated action or negligence in which case damages are limited to 850 EUR. The customer should immediately, upon receipt of documentation, verify for accuracy and correctness in line with the order and invoice. If there is any obvious defect in our services, you should clarify this in writing within 7 days of receipt of documentation or of awareness of the defect. Once this grace period expires, defects of this sort can no longer be asserted. Claims against us, of any nature whatsoever, expire within 6 months of receipt of your documentation or of awareness of any defects entailing liability.

Exclusion from liability
Entry requirements and visa documentation requested, as listed in our data bank, consist of information made available to us by the consulates concerned. This information sets down standard conditions however these might be very different in individual cases and in any case, visa conditions are subject to constant amendment. While it is our aim to keep the data bank up to date on an on-going basis, the above reasons give us no choice but to decline liability for these conditions.

Furthermore VisumPOINT GmbH is not responsible for damages arising from: Dealings or omissions on the part of the customer, his/her agents or other persons acting on his/her behalf or with his/her approval in connection with fulfilling the individual order; carrying out directions received by VisumPOINT GmbH from persons authorised by the customer; delay to performance of order due to either the customer or the individual being expatriated; failure to secure accommodation for reasons not attributable to VisumPOINT GmbH; inaccurate submission of data for reasons not attributable to VisumPOINT GmbH; legal files not attributable to VisumPOINT GmbH. The obstacles listed above do not affect the rights of VisumPOINT GmbH towards customers.

Order cancellation
An order can be cancelled at any time by written instruction, in which case all costs incurred up to the time of cancellation, service fee in full and costs incurred in arranging return of the application are for the customers account.

Further agreements
In order to be effective, agreements and subsidiary agreements aimed at amending and/or complementing these conditions must be in writing.

Partial unenforceability
If individual conditions, or identifiable parts hereof, should prove unenforceable the enforceability of the remaining conditions is not affected.

Place of execution and jurisdiction
Contracts concluded with VisumPOINT GmbH are subject to German law and enforcement of claims arising thereunder is subject to German courts. For all parties the place of jurisdiction is Berlin.