General Terms and Conditions

§ 1 Scope and provider

These General Terms and Conditions (T&C) apply to all contracts for the use of the application and processing service "Visaparo" between

Avesta Interactive
Owner: Amin Sepehri
Hauptstraße 208C
28816 Stuhr
Germany

VAT ID DE294421179 – hereinafter "provider" or "we" – and the customer. A customer may be any natural or legal person using the service. A consumer is any natural person who concludes the contract for purposes that predominantly cannot be attributed to their trade, business or self-employed professional activity (§ 13 of the German Civil Code, BGB). Any conflicting terms of the customer do not apply unless we expressly agree to them.

Email: info@visaparo.de
Phone: +49 4206 4460745 – Mon–Fri, 4 pm–7 pm (CET/CEST)

§ 2 Independent service provider – scope of services

(1) We are an independent, private service provider. We are not a public authority, not the Government of the United Kingdom, not the UK Home Office and not UK Visas and Immigration (UKVI), and we are not affiliated with these bodies. The Electronic Travel Authorisation (UK ETA) is issued exclusively by the Home Office. The customer can also apply for the UK ETA without our help directly on the Home Office website https://www.gov.uk/eta/apply or in the Home Office's "UK ETA" app (where only the official fee, currently £20, is payable, but not our service fee). With the total price, the customer pays for the services listed in paragraph 2 and the official fee paid by us to the Home Office (§ 5(2)). The customer pays exclusively to us and not additionally to the Home Office.

(2) Depending on the package chosen, our service consists of the following processing steps:

• guided entry of the application data via our application assistant,
• checking the information and uploaded documents for completeness and obvious errors (formal plausibility check, no comparison with registers of public authorities),
• preparing the application and – once the check is complete – submitting it to the Home Office in the name and on behalf of the customer (the customer instructs us to carry out this agency service and authorises us to do so for the respective application),
• providing a customer account with status display, messaging function and order confirmation/invoice,
• support with queries,
• payment of the official fee due for the application to the Home Office in our own name and for our own account (included in the total price).

Ordering is possible in German, English, French, Spanish, Italian and Dutch. We offer email support in these languages; messages may be machine-translated. You can reach us by telephone in German, Monday to Friday from 4 pm to 7 pm (CET/CEST), except on public holidays in Lower Saxony.

(3) We owe the careful performance of this service, not a particular result such as the grant of the ETA or entry into the country (service contract with the character of an agency agreement). We offer exclusively UK ETA applications – no visas, no legal, immigration, travel or tax advice.

(4) We do not provide legal services within the meaning of the German Legal Services Act (Rechtsdienstleistungsgesetz). We do not check whether the customer meets the requirements for the UK ETA or needs a visa instead, and we do not advise on admission, entry or residence in the United Kingdom. The questions on criminal convictions and immigration history are answered by the customer alone. The question texts and notes used in the application assistant are abridged aids that do not originate from the Home Office; the wording of the questions in the Home Office application on gov.uk is always authoritative.

(5) The Home Office may change the form, procedure, requirements and fees at any time. We may adapt the procedure of our service accordingly, provided that the purpose of the contract is preserved and the adjustment is reasonable for the customer. We may use third parties (e.g. hosting and email service providers) to perform the service. "UK ETA" refers to the Electronic Travel Authorisation of the United Kingdom; we use the term purely descriptively. All third-party trademarks and designations belong to their respective owners.

§ 3 Conclusion of the contract

(1) The presentation of our packages on the website does not constitute a binding offer. The customer submits a binding offer by completing the application assistant, confirming the required declarations and clicking the button "Order with obligation to pay". Before submitting, the customer can check the information in the review step and correct it via "Back".

(2) The contract is concluded when we accept the order by means of the order confirmation in text form (provided in the customer account) or by starting processing.

(3) The contract language is the language in which the customer places the order (German, English, French, Spanish, Italian or Dutch). The version of these General Terms and Conditions in the contract language shall be authoritative. The customer can access, save and print the contract text (these T&C and the order data) on this website at any time; the order data and the order confirmation can be viewed in the customer account.

(4) An order covers the UK ETA application for exactly one traveller. The "Additional traveller" rate can only be ordered together with or after a main application (“Standard” package or priority check) by the same customer for the same trip. This is a one-off service; no ongoing obligations or subscriptions arise. We do not charge any additional costs for the use of means of distance communication.

§ 4 Obligations of the customer

(1) The customer is solely responsible for the accuracy and completeness of all information and documents, in particular name, date of birth, passport details and truthful answers to the questions on criminal convictions and immigration history. False or incomplete information may lead to refusal or cancellation of the ETA by the Home Office, to problems on entry and to further consequences under British law.

(2) Before placing the order, the customer must carefully compare the information in the summary with their passport and expressly confirm its accuracy and completeness in the order process (declaration of accuracy). Our check under § 2(2) does not replace this obligation; it is not a check of substantive accuracy.

(3) After submission to the Home Office, core data (e.g. name, date of birth, passport number) can generally no longer be changed; a new application is then required, for which a new fee is charged. This does not apply where the error is based on a circumstance for which we are responsible (in that case § 7(3) applies).

(4) If the customer orders for other persons (e.g. family members, minors), the customer warrants that they are entitled to do so (e.g. as a person with parental responsibility or with a power of attorney), that they have informed the travellers about the application, the processing of their data by us and the transfer to the Home Office and – where necessary – obtained their consent. The customer indemnifies us against third-party claims based on the customer culpably breaching these obligations or culpably providing incorrect information.

(5) The customer is responsible for meeting the requirements for entry with the UK ETA (e.g. nationality, valid passport, purpose of travel, stay of no more than six months) and for ensuring that the ETA is sufficient for the trip; a visa may be required for longer stays, work or study.

(6) The customer provides a reachable email address and regularly checks their mailbox (including the spam folder) and the customer account. Access data for the customer account must be kept secret. Queries and correction requests must be answered promptly; we may suspend processing until the necessary cooperation is provided.

(7) After the ETA has been granted, the customer must check the name, passport number and validity on the ETA confirmation without delay and inform us of any discrepancies.

(8) If the customer breaches these obligations, their contributory fault is taken into account (§ 254 BGB); our liability is excluded or reduced accordingly, insofar as we are not responsible for the consequences (in particular for transmission or checking errors on our side).

§ 5 Total price (incl. official fee), payment

(1) The prices displayed on the website and in the order process at the time of the order apply. All prices are fixed prices (total prices) in euros including 19% VAT. The total price includes the Home Office's official fee for the UK ETA (currently £20).

(2) The official fee is set by the Home Office in pounds sterling (currently £20). We pay it as part of the application in our own name and for our own account; it forms part of our fixed price and is subject to VAT together with it. The customer pays only the total price to us and makes no separate payment to the Home Office. If the Home Office changes the fee, the total price displayed at the time of the order applies to applications already ordered (fixed price).

(3) Payment is made by prepayment via bank transfer. After placing the order, the customer receives our bank details and the case number, which the customer states as the payment reference.

(4) The total price is due upon conclusion of the contract. If payment is not received within 7 days of the order, we will remind the customer once by email; if it has still not been received 7 days after the reminder, we are entitled to rescind the contract.

(5) We only begin checking and submitting the application after receipt of payment (see § 6). The customer's right of withdrawal remains unaffected.

§ 6 Processing targets and time limits

(1) The following processing targets apply to our check and to submission to the Home Office: up to 3 working days for the “Standard” package and 48 hours for the priority check. Hours are counted around the clock, but only on working days: Saturdays, Sundays and public holidays in Lower Saxony (Germany) are not counted. Working days are Monday to Friday, excluding these public holidays. The time starts as soon as complete details and documents are available and payment has been received. It is suspended while we are waiting for the answer to a query or the Home Office system is unavailable.

(1a) If we exceed the 48 hours for the priority check, we refund the surcharge compared with the “Standard” package in the amount of €15. Your statutory rights remain unaffected.

(2) The duration of the Home Office decision is beyond our control. According to gov.uk, the decision is usually made within one day but can take up to three working days; the Home Office recommends applying at least three working days before departure. We recommend applying considerably earlier (ideally one to two weeks before travel) and, even with the priority check, allowing time for the Home Office, possible queries and any new application. We do not promise that the ETA will be available by a particular travel date.

§ 7 No guarantee of the ETA; refund of the total price

(1) Whether and when the Home Office grants an ETA is decided solely by the Home Office in accordance with British immigration rules. We guarantee neither the ETA nor entry into the United Kingdom nor a particular decision time. The entry decision at the border is made by the British border officer. The decision of the Home Office – including rejection as invalid ("rejected") or final refusal ("refused") – does not in itself constitute a defect in our service.

(1a) Full refund before submission: if the customer cancels the order before we have submitted the application to the Home Office, we refund the full total price paid (contractual refund promise).

(2) Full refund in the event of final refusal ("refused"): if the Home Office finally refuses the application submitted by us (decision "refused"), we refund to the customer the full total price paid (including the official fee; contractual refund promise). The customer proves the refusal by means of the Home Office's refusal notice (forwarding by email or via the customer account is sufficient) and claims the refund within 30 days of receipt of the refusal. We repay within 14 days of receipt of the proof via the payment method originally used or, in the case of payment by bank transfer, to the account from which the payment was made. The promise does not apply if the refusal is based on false or incomplete information provided by the customer, if the customer has misused documents, or if the customer did not answer a query from us despite a reminder and the refusal is based on this. The promise is not a guarantee of approval: we owe the careful submission, not the grant of the ETA.

(3) Free resubmission in the event of rejection as invalid ("rejected") due to a checking error: if the Home Office rejects the application as invalid ("rejected", e.g. due to an error in the photo or passport data) and we should have recognised the error in a reasonable check, we resubmit the application free of charge; we bear the official fee payable again. Instead of resubmission, the customer may request a refund of the service fee; the request must reach us within 14 days of the rejection as invalid. If the rejection as invalid is not based on a checking error on our part (e.g. changed, subsequently incorrect or incomplete information, failure to follow our objection), we resubmit on request against renewed payment of the official fee; no further service fee is then charged.

(4) A full refund of the total price (including the share of the official fee) is also made if

• we were unable to submit the application to the Home Office for technical or other reasons not within the customer's sphere, or
• due to an error for which we are responsible (e.g. transmission error, omission in the submission) the ETA is finally refused, not submitted or granted incorrectly; for a rejection as invalid ("rejected") due to a checking error, paragraph 3 applies exclusively.

We then repay the total price without undue delay, at the latest within fourteen days of the reason for the refund being established, via the payment method originally used or, in the case of payment by bank transfer, to the account from which the payment was made. Further statutory claims of the customer (e.g. for damages in accordance with § 9) remain unaffected.

(5) No refund is made in the event of a mere delay of the decision, if the trip is not taken or is postponed, in the event of refused entry at the border despite a granted ETA, or in the cases excluded under paragraph 2 (false or incomplete information, misuse of documents, unanswered query). Travel and consequential costs (e.g. flight, hotel) are not refunded; § 9 remains unaffected.

(6) Official fee: the official fee is part of the total price that the customer pays to us; we pay it to the Home Office. According to gov.uk, the Home Office does not refund the official fee after the application has been made; the customer therefore has no such claim against the Home Office. In the cases of paragraphs 2 to 4, we bear the fee already paid; any refund claim against the Home Office is ours.

(7) The customer's statutory rights, in particular the right of withdrawal (see § 8), rights arising from breach of duty and the right of termination for good cause, remain unaffected.

§ 8 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for distance contracts. Details, the model withdrawal form and information on the early expiry of the right of withdrawal upon full performance can be found in our withdrawal information. Withdrawal can also be declared online via the function "Withdraw from contract"; we confirm receipt without undue delay on a durable medium (email) stating its content, date and time. The right of withdrawal may expire early as soon as we have submitted the application to the Home Office and thus fully performed our service (see withdrawal information). Our refund promises under § 7 remain unaffected. We begin performance after receipt of payment (§ 5(5)).

§ 9 Liability

(1) We are liable without limitation in the event of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and insofar as we have given a guarantee or fraudulently concealed a defect.

(2) In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), liability is limited to the foreseeable damage typical of the contract. Otherwise, liability for slight negligence is excluded.

(3) Towards entrepreneurs (§ 14 BGB), our liability is otherwise limited to the order value (total price of the order concerned). This does not apply in the cases of paragraph 1 (intent, gross negligence, injury to life, body or health, Product Liability Act, guarantee, fraudulent concealment). In the event of a slightly negligent breach of essential contractual obligations, we are liable for the foreseeable damage typical of the contract.

(4) We are not liable for decisions, delays or failures of the Home Office systems or for the entry decision at the border, as we have no influence on them. Consequences of incorrect or incomplete information provided by the customer are borne by the customer, insofar as we are not responsible for them. Otherwise – including for travel and entry costs (e.g. flight, accommodation) arising in connection with an ETA that is not granted or granted too late – our liability is governed by paragraphs 1 to 3 and requires a breach of duty on our part that caused the damage.

(5) We recommend applying in good time before the start of the trip (§ 6(2)) and booking or paying for travel services that cannot be cancelled or only at high cost (e.g. flight, accommodation) only once the ETA has been granted, or ensuring sufficient cancellation options. If the customer fails to do so, this is taken into account as contributory fault when calculating damages (§ 254 BGB).

(6) We strive for high availability of the website, application assistant and customer account, but do not owe uninterrupted availability; maintenance work and disruptions (including at third parties) are possible. Paragraphs 1 to 3 apply to any resulting damage.

(7) Claims for damages by the customer become time-barred one year after the statutory start of the limitation period. This does not apply to claims under paragraph 1 or to claims arising from injury to life, body or health or from gross fault.

(8) The limitations of liability also apply in favour of our employees and vicarious agents.

§ 10 Data protection

Information on the processing of personal data, including the transfer to the Home Office in the United Kingdom, can be found in our privacy policy.

§ 11 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (see legal notice).

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the state in which the consumer has their habitual residence (Article 6(2) of Regulation (EC) No 593/2008 (Rome I)).

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction is the provider's registered office (Stuhr). For consumers, the statutory places of jurisdiction apply. If a consumer had their residence in Germany at the time the contract was concluded and subsequently moves it abroad, or if their residence is unknown, the place of jurisdiction is the provider's registered office.

(3) We send communications in connection with the contract (confirmations, status messages, queries) in text form to the email address provided by the customer or in the customer account.

(4) Should any provision of these T&C be invalid, the validity of the remaining provisions remains unaffected; the statutory provisions apply.