Date: 01.06.2018

The following Terms and Conditions present the legal basis for the provision of all services by Business Visum GmbH. They are accepted by the customer when placing an order with Business Visum GmbH. The following Terms and Conditions exclusively apply to the contract between Business Visum GmbH and the customer. Other general terms and conditions are not part of the contract content even if Business Visum GmbH does not expressly object to them.

Conclusion of Contract and Services

A contract with Business Visum GmbH is concluded when the customer’s order is expressly accepted by Business Visum GmbH. Business Visum GmbH reserve the right to reject orders also without furnishing a reason. An order from the customer alone does not lead to the conclusion of a contract. 

Business Visum GmbH is entitled to assign the provision of services to third parties, either in full or in part.

Support with visas and legal documents: With regard to support with visas and legal documents, the services offered by Business Visum GmbH against payment include all services that are helpful and necessary to obtain visas and legal documents at domestic and foreign missions and other authorities provided they do not affect the sovereign rights of the Federal Republic of Germany and do not constitute a legal consultation.

Since the decision on granting a visa or on the compliance of an application to legalise a document is exclusively that of the domestic and foreign missions or the relevant authorities, Business Visum GmbH cannot guarantee success of any kind. The obligation of Business Visum GmbH is thus only to provide the service that are necessary to obtain a visa or the legalisation of documents. 

If the customer has not expressly instructed Business Visum GmbH otherwise, Business Visum GmbH can determine the method of providing the service at its own discretion, while protecting customer’s interests, in particular, the form and method of sending his documents. The parties agree that when documents are sent to the customer, the risk is transferred at the time of handover to a carefully selected transport person.

In-house Seminars: When conducting in-house seminars, Business Visum GmbH makes suggestions regarding dates, which are agreed on and coordinated with the customer. The maximum number of participants is specified in consultation with the customer. For training sessions at the customer’s premises, the customer ensures that the necessary training equipment (room, computer, presentation aids, e.g. board, flipchart, projector etc.) is available. Business Visum GmbH assumes no responsibility for the achievement of the course target by the participants and their future professional qualification. Every participant receives a certificate of participation after successfully completing the course.
 

Prices, price changes, other costs

The remuneration to be paid for the use of the services of Business Visum GmbH is oriented to the price list respectively valid at the time when the order is placed plus the respective applicable statutory value added tax. The price list will be sent to the customer without delay upon request.

In addition, visa and passport fees, shipping costs, travelling costs, accommodation costs, expenses, other consultancy services and external consultancy services will be invoiced according to the actual expenses required.

Subject to a deviating agreement Business Visum GmbH is entitled to charge the invoice amount if the documents are sent per cash on delivery.

It can be derived from the nature of the agreed service contract that the obligation to remunerate the provided services shall also exist if an application for the granting of a visa or a legalisation was not complied with.

Payment, offsetting

Invoices from Business Visum GmbH are payable immediately without deductions. 

The customer falls into payment default if he does not pay after a warning has been issued after due date. Default also sets in without warning at the latest 30 days after due date and receipt of invoice.

If the customer is in payment default, Business Visum GmbH is entitled to charge default interest. Default interest per annum amounts to 5 percentage points above the respectively valid base interest rate. Deviating from this, default interest for legal transactions that do not involve a consumer is 9 percentage points above the base interest rate. In addition, Business Visum GmbH is entitled to charge other default damages incurred beyond this. 

Claims against Business Visum GmbH can only be offset with undisputed and legally determined counterclaims. The customer is also entitled to withhold payment with regard to counterclaims from the same contract relationship.

Liability

In the case of a bad service, the customer is entitled to exercise his legal rights.

The liability for compensation on the part of Business Visum GmbH irrespective of the legal reason (especially in the case of default, defects or other breaches of duty) is limited to the foreseeable damage typical for the contract. 

Business Visum GmbH cannot assume any liability for loss, damage and late delivery of documents sent to the customer which were caused by the shipping company. However, Business Visum GmbH undertakes to assign any claims to the customer in full which it may have against the shipping company due the loss, damage or late delivery of documents to the customer.

The above limitations of liability do not apply to the liability of Business Visum GmbH for malicious conduct or gross negligence, for guaranteed quality features, for injury to life, limb or health or according to the product liability law.

Cancellation

Visa support: It is possible to cancel an order placed with Business Visum GmbH at any time with a written declaration vis-à-vis Business Visum GmbH. In this case, the customer will be invoiced the costs incurred up to the point of receiving the declaration and any fees on a pro-rata basis as well as return shipment costs.

In-house seminars: If cancellation occurs up to one week before the start of a seminar, no costs are payable. If cancellation is received during the week before the start of the course, 50 % of the agreed lecturers’ fees plus any cancellation or rebooking fees for their journey is charged.

Final provisions

Addendums and amendments to the contract including these General Business Terms and Conditions shall require – subject to further validity requirements – a text form in order to be valid.

If the customer is a merchant, legal entity under public law or a separate fund under public law, or if he has no general legal venue in the Federal Republic of Germany, the legal venue for all possible disputes arising from the business relationship between Business Visum GmbH and the customer is Bonn.

The relationships between Business Visum GmbH and the customer are exclusively subject to the law of the Federal Republic of Germany.

If this Contract or the General Terms and Conditions contain legal loopholes, the legally effective ruling which the contracting parties would have agreed on according to the objective of the Contract and the purpose of these General Term and Conditions had they recognised the loophole, is considered agreed to close the loophole. 

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