General terms and Conditions

1. General

1.1 Scope of application
These general terms and conditions apply in the version valid at the time of conclusion of the contract for all business relations between us EXVISA GmbH, Woerdener Straße 5 a, 33803 Steinhagen and you. If you use contradictory general terms and conditions, this is strictly prohibited.

1.2 Contract Agreement
The contract language is German. The display option in other languages is intended for assistance only.

1.3 Conclusion of contract
For submitting your application, you must first enter your personal data. You will also need to provide details of your travel permit (such as employment details, emergency contact details, deposit of passport details, information about existing illnesses and criminal records). You can check this information again in the next step. Then you have to specify the desired payment method and can confirm your request by clicking the button "Order now for a fee". By ordering, you declare your contractual offer binding. We will confirm the receipt of the order immediately . The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contract offer in the order within five calendar days after the receipt of the order by e-mail, fax, telephone or by post. The contract is concluded with the acceptance. The contract text is stored by us and sent to you in text form (e.g. e-mail, fax or postal mail) after sending your order together with the present GTC and customer information. After sending your order, however, the text of the contract can no longer be accessed via the website. You can print the relevant website with the text of the contract via the print function of the browser.

2. Specifications

2.1 General
You can apply for a US travel permit (ESTA) via our website. After the conclusion of the contract, we check your submitted application for completeness and forward it to the responsible authorities. After the examination by the authority, you will then, depending on the decision of the authority, receive your travel permit. You can find out about the status of your application by clicking on the progress query on our website. We are a private company and do not belong to any official US authority.

2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.

2.3 Performance delays
Performance delays due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by our utmost care (this includes in particular strikes, official or court orders and cases of inaccurate or incorrect self-delivery despite the hedging transaction) which we are not responsible for. They entitle us to postpone performance for the duration of the obstructing event.

2.4 Withdrawal
In the event of non-availability for the aforementioned reasons, we may withdraw from the contract. We undertake to inform you immediately about the unavailability and to refund any services already provided.

2.5 Perfomance time
Unless otherwise expressly agreed, we will provide the service within 3 days after the conclusion of the contract. The starting date for the service is the day after the payment order has been issued to the transferable credit institution. The period ends on the following third day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised at the state of performance, the deadline shall end on the next working day.

3. Payment

3.1 Price
All prices are VAT inclusive.

3.2 Payment Options via Klarna
In cooperation with Klarna we offer the following payment options. The payment is made to Klarna::

  • Klarna Invoice: Payable within 14 days from the date of invoice. The billing conditions can be found here.
  • Klarna instlament Purchase: With the financing service of Klarna, you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). Further information on the Klarna instlament purchase including the general terms and conditions and the European standard Information for consumer credit can be found here.
  • Instant Transfer
  • Credit card (Visa/MasterCard)
  • Direct debit
The payment options are offered as part of Klarna checkout. More information and the terms of use for Klarna checkout can be found hier. General information about Klarna can be obtained hier. Your personal details will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information contained in Klarnas Privacy policy. The checkout solution is provided by Klarna (Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden) and uses cookies to enable you to use the checkout of Klarna an ideal online experience tailored to your needs. A detailed list of cookies and an explanation of their purpose can be found here.

3.3 Delay in payment
You will be in arrears with the payment if the payment is not received within two weeks after receipt of the invoice from us. In the case of late payment, interest shall be calculated at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in delay with your payments, we reserve the right to charge a reminder fee of 2.50 euro. The assertion of any additional damages shall remain unaffected. You will have the possibility to prove that we have suffered no damage or a lesser loss.

3.4 Right of retention
The assertion of a right of retention is only valid for such counterclaims which are due and are based on the same legal relationship as your obligation.

4. Cancellation instructions for consumers in the case of distance contracts

Cancellation

You have the right to revoke this contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the date of the conclusion of the contract. In order to exercise your right of withdrawal, you must contact us (EXVISA GmbH, Woerdener Straße 5 A, 33803 Steinhagen, Phone: 05204/99 871 50, E-mail: info@estaexpress24.com) by means of a clear statment (e.g. a letter sent by post or e-mail) about your decision to revoke this agreement. You can use the enclosed sample withdrawal form, but this is not mandatory.
In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of cancellation

If you withraw from this contract, we will provide you with all the payments we have received from you, including the delivery costs (except for the additional costs arising from the fact that you provide a different type of delivery than the one offered by us, the cheapest standard delivery), immediately and at the latest within fourteen days from the date on which the notice of cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this refund.
If you have requested that the services should begin during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract comparison with the total volume of services provided for in the contract.

- End of the cancellation policy -
Special instructions for premature termination of the right of withdrawal
Your right of revocation expires prematurely if we have provided the service in full and have only started with the execution of the service after you have given your express consent and at the same time you have confirmed your knowledge of it, that you lose your right of withdrawal in case of full contract execution by us.

5. Your responsibility

5.1 General
You are solely responsible for the content and correctness of the data and information submitted by you. You also agree not to transmit any data whose contents violate the rights of third parties or violate existing laws. With the transfer of data to us, you confirm that you have complied with the copyright regulations. Please always make sure that your details are correct and complete. Incorrect or incomplete information may lead to a refusal to grant the travel permit.

5.2 Exemption
You indemnify us from any claims made against us by third parties for such violations. This also includes the reimbursement of necessary legal representation costs.

5.3 Data protection
You are jointly responsible for securing the transmitted information. We cannot be held responsible for the loss of your information, as we do not assume any general data security guarantee.

5.4 Notes and Requirements
We expressly refer you to our information and FAQ regarding the issue of a travel permit, which you can find on our internet site. Prior to the conclusion of the contract, you must inform yourself comprehensively and check whether you meet the requirements and conditions.

5.5 Authorities decision
We would also like to point out that we have no influence on the decision of the authority to be processed. In case of a refusal of the travel permit, which does not fall within our area of responsibility, we have fulfilled our obligation of performance to you with the submission of your documents to the respective authority.

5.6 Travel and immigration
Please note that the travel permit will only allow you to travel to the USA. The approval of the "entry” is incumbent on the local customs and border protection authority on the spot. The arrival permit can also be used only within 2 years after the issuing by the competent authority. After the end of the two years, you may have to make a new application.

6. Usability of the Services

6.1 Further service development /availability
We strive to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable considering the interests of the contracting party. We are also entitled to interrupt the website operation partly or completely for the purposes of updating and maintenance in a reasonable framework. Furthermore, we do not guarantee the availability of the services offered at any time and do not ensure that the services offered or parts thereof can be made available and used from any place.

6.2 Technical Requirements
Use of the website requires appropriate compatible devices. It is your responsibility to place or keep the device in a state which enables the use of the website services.

7. Liability

7.1 Disclaimer
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. In so far as essential contractual obligations (as a result of which such obligations, whose observance is of particular importance for the achievement of the purpose of the contract), are also liable for slight negligence. The liability is limited to the foreseeable damage typical for the contract. In the case of grossly negligent breaches of non-essential contractual obligations, we are liable to entrepreneurs only in the amount of foreseeable damage typical for the contract.

7.2 Liability provisions
The foregoing disclaimer does not concern liability for damages arising from injury to life, body or health. The provisions of the product Liability Act also remain unaffected by this disclaimer.

7.3 Delays
We are not liable for delays that we are not responsible for. This includes in particular the processing periods of the authorities.

8. Final clauses

8.1 Place of jurisdiction
Our place of business is the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany.

8.2 Choice of law
In the absence of mandatory legal provisions in accordance with your home law, German law shall be deemed to have been agreed under exclusion of the UN sales law.

8.3 Consumer dispute resolution procedures
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can reach the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not prepared and not obligated to participate in a dispute settlement procedure before a consumer arbitration.

8.4 Severability clause
The invalidity of individual provisions does not affect the validity of the remaining general terms and conditions.

© 2020 ExVisa GmbH All Rights Reserved