GENERAL TERMS AND CONDITIONS OF ARC CONSULTING GMBH
1. General
The following Terms and Conditions constitute the legal basis of our services and are deemed accepted upon placement of an order. Deviating or supplementary agreements, as well as ancillary arrangements, shall only be valid if confirmed by us in writing. Only our General Terms and Conditions shall apply to the contract; other conditions shall not become part of the contract, even if we do not expressly object to them.
2. Services
For a fee, we provide services to facilitate the obtaining of consular services from authorities and consulates. Our services include reviewing documents, carrying out courier services, issuing any required invitation letters, paying consular fees, and returning the visa or other end product of our services (e.g. a certified document) to the customer. The decision on the approval of a visa lies exclusively with the competent consulate. We are also entitled to transfer the execution of the customer’s order, in whole or in part, to third parties (our business partners). The contract shall be deemed concluded upon the customer’s signing of the order form.
3. Pricing Conditions
The remuneration payable for our services, as well as reimbursement of third-party services and shipping costs, shall be based on our applicable price lists. Payment is due upon placement of the order (advance payment), unless expressly agreed otherwise. In the event of an expressly granted deferment of payment by us, you may only offset our claims against counterclaims that are undisputed or legally established. As we are obliged to provide only our services and do not owe any specific outcome, your obligation to pay shall remain in force even if a visa application is rejected by the consulate. Our prices are subject to change and non-binding.
4. Liability
We perform all services arising within the scope of the order with the due care of a prudent businessperson. All decisions regarding the granting or refusal of visa applications are made exclusively by the competent consulates/authorities. Therefore, no liability can be assumed by us for the success of a visa application. We also assume no liability for information provided or for delays caused by postal services or courier companies. Our express service is limited to selecting the most effective and secure processing, transport, and shipping methods and to making special efforts to accelerate processing at consulates. Accordingly, we expressly assume no liability or warranty in the express service for compliance with any deadlines, regardless of their significance for the customer’s order. If we are at fault in organizing the transport process, we shall only be liable if the customer proves intent or gross negligence on our part. Any obvious defect in the service must be reported in writing within three (3) days after receipt of the documents or after becoming aware of the obvious defect. We will promptly correct any incorrect information and, if the error is attributable to us, free of charge. After expiry of the notice period, such defects may no longer be asserted. Claims against us, irrespective of their legal basis, shall become time-barred three (3) months after the customer’s receipt of the documents or after becoming aware of any facts giving rise to liability. Any consequential damages of any kind are expressly excluded from our liability.
5. Order Cancellation
Cancellation of the placed order is possible at any time in writing. Up to the time of cancellation, all costs incurred, pro rata fees, and return shipping charges shall be invoiced.
6. Further Agreements
Agreements and ancillary arrangements that amend and/or supplement these Terms and Conditions shall only be valid if made in writing. No oral side agreements exist.
7. Severability
Should individual clauses of these Terms and Conditions be invalid, the validity of the remaining contractual provisions shall remain unaffected.
8. Place of Performance and Jurisdiction
In the event of disputes, the place of jurisdiction shall be Vienna. Amendments to these Terms and Conditions are expressly reserved.
As of: 12 November 2019
