General Terms & Conditions

1. Application

1.1 The „Consular Service“ (section 2.1.), all other services rendered by SERVISUM, offers from SERVISUM and agreements with SERVISUM are based exclusively on these General Terms and Conditions (hereinafter referred to as „GT&C“). The GT&C also apply, even if they have not been stipulated, to all future business relationships with SERVISUM.

1.2. General terms and conditions of the customer that deviate from the GT&C do not apply to orders submitted to SERVISUM or to contracts entered into with SERVISUM.

1.3 Deviations from the GT&C are only effective if SERVISUM has confirmed them in writing.

2. Order

2.1 The „Consular Service“ includes the submission of visa applications and / or documents for authentication to the authorized consular representatives in Berlin, Hamburg and Frankfurt. SERVISUM starts to render the Consular Service upon receipt oft he SERVISUM VISA ORDER FORM, completed and signed by the customer as well as the necessary fully completed visa application documentation and / or documents for authentication.

2.2 In case the travel datas specified by the customer require submitting an urgent application to the office that issues the visa, and that causes higher fees charged by that office, SERVISUM will do so only based on the understanding that the customer advances or reimburses these fees to SERVISUM.

3. Liability

3.1 In case the transport of the documents specified in section 2. will not be performed by SERVISUM itsself, but by a third party appointed by SERVISUM, the transport of documents is performed at the sole risk of the customer. Notwithstanding, upon request of the customer, SERVISUM shall assign the right of recourse against the third party to the customer. SERVISUM is not liable for the loss of passport jackets or loose sheets inserted into passports. .

3.2 SERVISUM will complete accepted orders with due dilligence and care. However, a warranty by SERVISUM for the issuance and the quality of a visa or authentication is excluded.

3.3 All claims for compensation by the customer that do not fall under the Product Liability Act and are not due to harm done to a person’s life, body or health, either against SERVISUM or its vicarious agents, are restrictet, as far as the damage results from ordinary negligence, to a foreseeable typical damage resulting from the infringement of essential contractual obligations, whereby such essential contractual obligations are those who are requisit for the accomplishment of purpose of the contract as well as the proper performance of the contract.

4. Prices and Terms of Payment

4.1 SERVISUM is entitled to remuneration for the completion of the customer’s order. The amount of remuneration is on principle based on the SERVISUM rates („SERVISUM-Tarif“) plus an administrative flat rate, both published on the SERVISUM-website (www.servisum.de) or handed over to the customer on his demand, or individually on the prices agreed on by SERVISUM and the customer.

4.2 All prices are quoted including VAT at the respective statutory rate.

4.3 In addition to the remuneration, the customer has to reimburse to SERVISUM the fees charged by the embassies or consulates and disbursed by SERVISUM as well as costs of transportation for the documemnts specified in section 2., if paid by SERVISUM. All these payments to SERVISUM must be effectuated on or before the date the order is placed, unless otherwise agreed. Payments of the customer are not deemed to be effected till the amount paid definitely is at SERVISUM’s disposal.

4.4 The customer shall only have the right to set-off or retention against claims by SERVISUM if the counterclaims have become legally effective, acknowledged by SERVISUM or are undisputed. In addition, the customer shall only assert the right of retention if it is based on claims arising from the same order.

5. Data Protection (GDPR)

If SERVISUM is assigned the role of a processor pursuant to Article 4 No. 8 DSGVO in the execution of the order with regard to the personal data processed for this purpose in relation to the customer, the SERVISUM order processing agreement shall apply with regard to this data processing. This is available on our website under " Current & Service > Downloads > SERVISUM > SERVISUM-AV-Vertrag"

6. Place of Performance, Jurisdiction

6.1 Place of performance for all obligations arising out of the business relationsship with SERVISUM is Hamburg.

6.2 If the customer is a merchant within the meaning of the German Commercial Code („Handelsgesetzbuch - HGB“), a legal person under public law or a special property under public law, the place of jurisdiction for all disputes arising directly or indirectly out of the contractual relationship between SERVISUM and the customer is Hamburg.

6.3 6.3 If one or more sections of these terms and conditions or a section of the other agreements between SERVISUM and the customer are or become invalid in whole or in part, this shall not affect the validity of all other sections.

7. No Participation in Procedures in accordance with Consumer Dispute Resolution Act

SERVISUM does not participate in dispute resolution procedures before a consumer arbitration service in accordance with the Consumer Resolution Act.

© SERVISUM Konsular & Visum Agentur GmbH - 2021 version

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