Business Visum GmbH - Standard Terms of Business

The terms of business itemized below represent the legal basis on which we render performance. They are recognized with the award of order to Business Visum GmbH by the client. The following provisions apply to the contract exclusively. No other terms of business will constitute a contractual component, even if we do not explicitly reject these.

Performance

Performance offered by us in return for payment embraces all services necessary for attainment of visas from foreign missions or other public authorities, as well as counselling in passport matters, provided this does not touch on the sovereign rights of the Federal Republic of Germany and does not constitute legal advice. Since the decision as to whether to issue a visa or to grant an application for the issue of a passport rests exclusively with the foreign mission in question or with the relevant public authority, Business Visum GmbH cannot accept responsibility for the success of attempt, however this may be defined. The duty and obligation accepted by Business Visum GmbH therefore relates solely to the provision of a service. Our service is fulfilled with the procurement of the visa and its hand-over to the forwarding company chosen by the client. If no explicit instructions have been given by the client in this respect, we are entitled, while acting in the interests of the client, to discharge our service at our own reasonable discretion, particularly as regards the choice of type and route of dispatch of the client's documents. We are also entitled to charge a third party with the execution of the order, whether in whole or in part. A contract with Business Visum GmbH can only come into force if the order has been explicitly accepted. Business Visum GmbH reserves the right to decline orders, even without giving a reason for doing so.

Fees and Terms of Payment

The fee due for utilization of our services for reimbursement of visa and passport charges as well as for the laying out of forwarding expenses is based on the valid price list at the time of utilization of the services, even if this has not been agreed to explicitly. The price list will be sent to the client immediately upon request. Business Visum GmbH is entitled, without prejudice to alternative agreements reached, to collect the invoice amount by returning the documents subject to cash on delivery. From the nature of the assignment relationship, as a service contract, it follows that the duty to pay for the service rendered still maintains even if an application for the issue of a visa or a passport is not granted. Counterclaims can only be offset against claims of Business Visum GmbH if these are either undisputed or have been legally enforced.

Default on Payment

If the client defaults on payment, Business Visum GmbH is entitled to charge default interest at a rate of 8 % above that of the respective base rate of interest of the German Bundesbank. If we can prove that the actual damage due to default is greater, we are entitled to enforce the higher sum.

Liability

Business Visum GmbH renders all services falling within the scope of the assignment with the care and diligence of a prudent businessman. Since decisions as to the granting of visas and the issuing of passports are made solely by the responsible missions and public authorities, Business Visum GmbH can accept no liability for the rejection of an application submitted by it as a mediator. The same applies to information provided, no liability for which is accepted. The scope of performance rendered by Business Visum GmbH is limited to the procurement of visas and the hand-over of issued visas and of the documents associated with the procurement of such visas to a forwarding company stipulated by the client, or chosen by Business Visum GmbH in an orderly selection and instruction procedure, for undamaged transport of the consignment in a suitable form. Business Visum GmbH accepts no liability for the loss, damage or delayed hand-over of the documents sent to the client. Business Visum GmbH undertakes to assign to the client all its existing and possible claims vis-à-vis the forwarding company arising from loss, damage or delayed hand-over of the documents to the client. To the extent that damage is suffered by the client due to the discharging of the assignment by Business Visum GmbH, Business Visum GmbH bears liability up to a maximum damage amount of EUR 1,000.

Cancellation

An assignment given to Business Visum GmbH can be cancelled at any time, subject to a written declaration to be sent to Business Visum GmbH. In such cases the client will be charged for those costs incurred until the receipt of the notification of cancellation and with a proportionate fee, as well as with the costs of returning documents.

Further Agreements

Arrangements and ancillary agreements which extend or amend these terms require the written form, unless these constitute an individual agreement in the sense of section § 305 b of BGB [German Civil Code].

Place of Jurisdiction

Contracts concluded with Business Visum GmbH are subject to German law, while enforcement of claims arising from such contracts are subject to German jurisdiction. The place of jurisdiction in both cases is Bonn, if the client is a full tradesman in the sense of the German Commercial Code [HGB].

Final Provisions

Should individual provisions or separable parts of individual provisions prove to be invalid, the validity of the other contractual provisions will remain unaffected.