General terms and conditions

Applicability and definitions

(1) The following general terms and conditions apply to all services between ETVS ltd. („ETVS”) and a consumer or an entrepreneur in their current version as of the time of the order.

(2) A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§ 13 BGB).

(3) An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (§ 14 BGB).

Conclusion of a contract, filing of contract text

(1) The following rules on the conclusion of contract apply to orders and services via our website https://www.visa-eta-canada.org

(2) In case of conclusion of a contract, the contract is entered into with

ETVS ltd.
66, Triq Dun Karm Sciberras
MST 3812 Mosta
Malta
[email protected]

(3) The presentation of the service packages on the website https://www.visa-eta-canada.org are no legally binding contract offer from our side, but are merely a nonbinding invitation to the consumer to order goods (invitatio ad offerendum). With the order of the chosen service package the customer submits a binding offer on the conclusion of a service contract.

(4) The booking and invoicing of the billable service packages is possible only via the website https://www.visa-eta-canada.org. For the service contract and the packages booked via the website https://www.visa-eta-canada.org shall apply only these general terms and conditions and for consumers the right of revocation granted by us.

(5) Prior to the binding submission of the order and after reviewing its data, the user can click the „back” button of its web browser to get to the prior website, on which the customer data are collected and correct any errors or cancel the order by closing the web browser. We confirm the reception of the order immediately via an automatically generated invoice e-mail („order confirmation”) by which we accept your offer.

(6) Filing of contract text: We file the contract text and send you the order data via e-mail. You can also review the general terms and conditions under https://www.visa-eta-canada.org/terms at any time.

Services

(1) ETVS provides for travellers via its website https://www.visa-eta-canada.org the consulting on and settlement of travel formalities with foreign authorities. ETVS does not provide any travel services. From the time of your booking we only serve as an agent between you and the relevant authorities.

(2) Travellers can visit our website https://www.visa-eta-canada.org and become a customer of ETVS.

(3) ETVS carries out the travel formalities with the relevant authorities as requested by the customer.

(4) All prices are gross prices including the mandatory VAT.

(5) Although we carry out our services with all diligence, we cannot review and guarantee that all information provided to us by third parties is exact, correct and complete. Further, we cannot be held liable for errors (including obvious or printing errors), interruptions (caused by a temporary and/or partly failure, repair, upgrade or maintenance works on our website or any other reason), imprecise, misleading or wrong information or transmission failures, if such errors are not based on our fault or the fault of our vicarious agents.

(6) Although we have extensive experience in dealing with travel formalities and the communication with authorities, we cannot guarantee that the relevant authorities will provide the requested travel documents. No success is owed!

(7) Every traveller is always liable for the accuracy, completeness and correctness of the information provided to us.

Order process

(1) Customers have the possibility to choose the travel documents they wish to apply for.

(2) In the next step the customer enters all their personal data into our request form and clicks „confirm”(text may vary).

(3) If the customer has chosen a service package, she clicks „start a new application” (text may vary) and enters all data of the traveller. In addition, the customer provides their payment data which are not transmitted to us but directly to the financial institution via an encrypted connection. There is no payment data saved at our website at any time.

(4) The checkbox „Yes, I have read and accept the general terms and conditions of ETVS.” (text may vary) must be clicked.

(5) ETVS only acts as a service provider.

(6) ETVS’ service is fully provided when ETVS has submitted all information to the authority which are required for the provision of the relevant travel documents. After the submission to the authority the submitted data cannot be changed anymore.

(7) ETVS has no influence on the time it takes the authority to process the application. Queries on the status of the application usually have no positive effect.

(8) If the authority — without failure of ETVS or its agents — does not provide the requested document or does so only with delay, the customer has no claim for refund or damages against ETVS.

(9) As long as the consumer has not yet received an invoice, the order can be cancelled free of charge. As soon as the invoice has been sent and the processing of the visa application has begun, but the visa or entry permit application has not yet been forwarded to the competent authority, a flat-rate charge of €20.00 will be levied in the event of withdrawal. If applications and requests have already been submitted to the authorities (also electronically), a cancellation is possible, but in this case the cancellation fee is 100% of the original purchase price.

(10) Furthermore, it is expressly pointed out that in the event of cancellation after the transfer of applications and requests to authorities, it is no longer possible to guarantee that visas and entry permits will not be issued (as this decision is then taken by the relevant authority).

Costs and fees

(1) Our services are subject to a fee. The fee will be shown to the customer prior to the order.

(2) The customer is liable for any delay of payment, wrong bank data, wrong debit or credit card information, invalid debit or credit cards or insufficient cover of the account. In particular, the customer is liable for any costs arising from chargebacks.

Communication and correspondence

(1) With the conclusion of your order you accept the reception of i) a confirmation e-mail and ii) an e-mail we may send to your immediately after submission of the relevant travel documents by the authority.

(2) To carry out your service completely and safe, you must provide your correct e-mail address. We are neither responsible nor liable for any wrong or misspelled e-mail addresses or wrong (mobile) telephone numbers or credit card numbers and have no obligation to confirm such information.

Liability

(1) ETVS generally is not liable for any damage caused by simple negligence.

(2) If ETVS negligently violates any important contractual obligation, ETVS’ liability is limited to the damage typically occurring in relation to the relevant business transactions. An important contractual obligation is any obligation, whose fulfilment first and foremost enables the proper implementation of the contract and which the other contractual party usually relies upon and may rely upon or which ETVS specifically has to provide to the other contractual party according to the content of the contract.

(3) In no case the liability for willful intent, gross negligence or due to the violation of body, life or health is excluded.

(4) The abovementioned rules on limitation of liability shall also apply to persons for whose fault ETVS is liable under the statutory law.

(5) Applications that are issued within the last 72 hours before the take off (in case of travelling with an airplane) are at risk of not getting approved in time. In such cases where a visa or travel authorization (including eVisa like eVisitor, eta and ESTA) can not be granted in time, liability of additional costs cannot be issued.

Copyright and intellectual property

(1) All information and services provided on the website www.visa-eta-canada.org are protected by copyright. This includes these terms of use. Any copying is only allowed with the explicit prior consent in writing or text form by ETVS or the relevant copyright owner.

(2) Our services are only provided for private, non-commercial usage. It is not allowed to sell for commercial or competitive usage, link with sub-websites, use, copy, extract (e.g., with Spider, Scrape), republish, upload or reproduce any content, information, software, product or service available on our website.

Contract language

Contract languages are German and English.

Changes of the general terms and conditions

(1) ETVS retains the right to modify these general terms and conditions in justified cases. ETVS will publish the amended general terms and conditions at least 8 days prior to entering into force on our website https://www.visa-eta-canada.org

(2) An amendment of the general terms and conditions shall only be made on shorter notice if any errors are corrected, the amendment is beneficial to the consumer or the amendment is required by statutory law.

Dispute resolution, place of jurisdiction

(1) For any disputes in relation to these general terms and conditions German law shall apply. In case of a dispute the parties shall aim to reach an amicable resolution. If this fails, the place of jurisdiction provided by statutory law applies for any court proceedings.

(2) For any issues not covered by these general terms and conditions the relevant German statutory law applies, in particular the Bürgerliche Gesetzbuch (BGB).

(3) In relation to consumers this choice of law only applies to the extent that the level of protection provided by statutory law of the jurisdiction in which the consumer has its common domicile is not violated.

(4) Further, this choice of law does not apply with regard to the notification regarding revocation in relation to consumers which have at the time of the conclusion of the contract do not belong to an EU member state and whose sole place of living and delivery address at the time of the conclusion of the contract is located outside the EU.

Other provisions

(1) Any declarations and other agreements shall be made in text form only in order to be valid.

(2) Complaints must be made in text form to ETVS ltd., 66, Triq Dun Karm Sciberras, MST 3812 Mosta, Malta, [email protected]

(3) With your order, you as the customer confirm that you have read the general terms and conditions, have fully understood the content and will fully comply with these terms and conditions and further will accept the data protection clauses as well as consent to the processing of your personal data you have provided at the booking.

Applicability of these general terms and conditions

These general terms and conditions shall enter into force from 1st of October 2017 and shall apply until revocation or any amendment thereto.