## only the German language version of these GTC is legally binding ##
VISARIGHT is offered by
Phone: +49 (0)30 25559807
Register court: Local Court of Charlottenburg (Berlin)
Register number: HRB 202174 B
VAT-ID: DE321357148 1. Scope of Application
1.1 These General Terms and Conditions of Use and Business (hereinafter referred to as "GTC") shall apply to all declarations of intent, contracts and legal transactions or transactions similar to legal transactions between VISARIGHT and its users (hereinafter referred to as "Users").
1.2 If the User is an entrepreneur (cf. Clause 2.2.), these GTC shall also apply to all future legal transactions of the parties from the time of first inclusion. Subsequent amendments may be made in accordance with Section 17. of these GTC. 2. Definitions of Terms
2.1 "Consumer" within the meaning of these GTC is any natural person who concludes the contract for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
2.2 "Entrepreneur" within the meaning of these General Terms and Conditions is any customer who acts in the exercise of his commercial or self-employed professional activity when concluding the contract.
2.3 "Partner firms" within the meaning of these GTC are the firms that use VISARIGHT. 3. E-mail Communication
The communication between you and VISARIGHT as well as the communication with the partner law firms takes place by e-mail as well as by telephone. By completing the registration process, you agree to the use of e-mail as a means of communication. You will be reminded of this when you register with VISARIGHT. 4. Registration, Access Data, Conclusion of the User Agreement, User Profile
4.1 In order to actively use the VISARIGHT service, you must register and open a user account. All you need to do is be of legal age and have full legal capacity. You confirm this by registering.
4.2 The e-mail address that you provide during registration must belong to you and be functional. In particular, it is not permitted to enter data from third parties. Please do not choose a user name that may infringe the rights of third parties or otherwise offend common decency. Therefore, please do not use the names of other persons. We generally reserve the right to refuse individual registrations without giving reasons or to cancel them later.
4.3 Your access data (user name and password) may only be used by you. You must keep your password secret. If you have lost your password or there are signs that a third party is using your account, you must notify us immediately for your own and our protection. In such a case, we will immediately block your user account in case of doubt.
4.4 After submitting the online registration form, you will receive a confirmation e-mail from us with a link. This e-mail embodies our offer to conclude a user agreement. By selecting the link you declare your acceptance of this offer. The user agreement is thus concluded.
4.5 You have the option of managing your profile and supplementing your personal details with further information and content (e.g. profile picture). You are obliged to use only such information and content which is accurate and which you are entitled to use. By registering and/or supplementing your profile, you grant us the non-exclusive right to use the information and content for the operation of the VISARIGHT service. If claims are made against us on account of the information and/or content uploaded by the user due to the infringement of third-party rights, you are obliged to indemnify us against these claims and damages, including the costs of appropriate legal defence. 5. Right of Revocation
If you register as a consumer within the meaning of § 13 BGB (German Civil Code), i.e. for a purpose which can neither be attributed to your commercial nor your self-employed professional activity, you have a statutory right of revocation in your favour, about which we will instruct you as follows: Cancellation policy
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (VISARIGHT GmbH, c/o betahaus, Rudi-Dutschke-Straße 23, 10969 Berlin, telephone: +49 (0)30 25559807, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period. Consequences of the Revocation
If you revoke this Agreement, we shall reimburse you for all payments received from you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement. We will use the same means of payment used by you in the original transaction for such refunds, unless explicitly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this agreement in relation to the total amount of services provided in the agreement. --- Appendix Sample Revocation Form ---
Sample Revocation Form
(If you want to cancel the contract, please fill out this form and send it back.)
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate 6. VISARIGHT Services / Operation of the VISARIGHT Platform
6.1 VISARIGHT's services consist of the operation of the VISARIGHT platform. One of the main functions of the VISARIGHT platform is to provide general, non-individual information on all aspects of visa and migration.
6.2 Further functions of the VISARIGHT platform include the provision of communication facilities with VISARIGHT's partner law firms. This includes the transmission of messages, information and documents as well as the provision of a user area in which the exchanged messages, information and documents can be stored.
6.3 VISARIGHT itself does not carry out any legal examination of individual cases. 7 Services of VISARIGHT / Creation of Documents / Authorization Checks
7.1 The development of the VISARIGHT platform has involved an analysis of numerous procedures and processes, in particular those relating to the issue of visa. On the basis of this analysis, VISARIGHT has developed a questionnaire (algorithm) which, based on specific questions, makes it possible to create documents tailored to the needs of the user and to carry out eligibility checks. Even if these documents contain the name and other personal data, it is not the result of a legal examination in the individual case, but an individualized standard document.
7.2 The user can purchase the individualised standard document from VISARIGHT. By purchasing the individualised standard document, the user undertakes to use the document only for the purpose resulting from the content of the document, e.g. to submit an application to an authority in his own name. The user shall refrain from systematically evaluating and/or passing on and/or reselling the documents to third parties.
7.3 Note: The creation of the individualized standard document and eligibility checks do not replace legal advice. VISARIGHT therefore recommends that Users seek legal advice from a lawyer in order to have the User's individual case legally examined.
7.4 Note: VISARIGHT continuously updates the algorithm used to create the individualized standard document. The individualized standard documents should therefore always be used in close temporal relation (maximum 14 days) to the creation of the document. In the event of a time delay, the required documents should be recreated. 8. Free Initial Consultation by Partner Law Firms
8.1 Via the VISARIGHT platform you can submit a request for an initial consultation by a lawyer free of charge. VISARIGHT will make this request available to the partner law firms. If the enquiry is accepted by a lawyer for answering and free initial consultation, you will first be informed that the enquiry is being processed. After completion of the examination, the lawyer will send you the result of his examination via the VISARIGHT platform.
8.2 The free initial consultation is a free service of the partner firm which has taken over the consultation.
8.3 With the initial consultation, the partner firm will, if necessary, send you an offer for further consultation. You are not obliged to accept this offer. 9. Paid Offers from Partner Law Firms
9.1 Via the VISARIGHT platform, you can also accept offers from partner law firms that are subject to a fee.
9.2 The fee-based services provided by the partner firm are also services provided by the partner firm which has provided the advice. 10. Publication of Questions and Answers
VISARIGHT is entitled to publish your legal question and the answer of the partner firm. The publication will be anonymous and the name of the partner firm may be mentioned. VISARIGHT is entitled to edit your inquiry as well as the reply. 11. Evaluations
11.1 VISARIGHT offers users the opportunity to evaluate and comment on the service and the partner law firms (hereinafter referred to collectively as "evaluation"). There is no obligation to rate the service.
11.2 If you make use of the option to rate or comment, VISARIGHT shall be entitled to publish your evaluation
- with your first name and place of residence
- in combination with the legal question you have asked, and
- in combination with the partner firm that answered your question.
The evaluation can be displayed in this form at various points of our service and in advertising for our service (e.g. as part of an advertising banner).
11.3 VISARIGHT is entitled to forward evaluations, in particular negative evaluations, to the person (e.g. lawyer, partner firm) and to give them the opportunity to comment. VISARIGHT is entitled, but not obliged, to publish both the assessment and the statement in the event of a statement.
11.4 VISARIGHT is not obliged to publish evaluations. We reserve the right to delete already published reviews without giving reasons. 12. Payment Processing via Payment Services
12.1 Payments to VISARIGHT as well as payments to partner law firms can be made via the payment services integrated on the VISARIGHT platform. VISARIGHT only arranges the use of the payment service provider's services for payment processing, but does not carry out the payment processing itself.
12.2 The payment process and thus the use of the payment services is integrated into the ordering process at VISARIGHT. The payment process is started by clicking on the corresponding button of the payment service provider and leads to the page of the respective payment service provider.
12.3 In order to use payment services, it may be necessary for you to enter into a contractual relationship with the respective payment service provider.
12.4 VISARIGHT has currently integrated the following payment services: Prepayment (invoice), PayPal® and Stripe. We reserve the right to exclude or subsequently add certain payment options. 13. Violations of the General Terms and Conditions of Business
VISARIGHT reserves the right to deny the user the use of VISARIGHT's services if the user violates these GTC or any other applicable law. As a rule, VISARIGHT will first request the User to terminate the unlawful conduct. If the User's conduct gives rise to facts which make it unreasonable to expect VISARIGHT to continue the user relationship with the User, VISARIGHT shall be entitled to terminate the user relationship with immediate effect. 14 Liability, Warranty
14.1 Claims for damages due to breach of duty and unlawful conduct as well as claims for reimbursement of futile expenses against VISARIGHT and its vicarious agents are excluded.
14.2 This limitation of liability shall not apply if the damage was caused intentionally or by gross negligence, or in the event of a breach of material contractual obligations, i.e. contractual obligations the fulfilment of which is essential to the proper performance of the contract and the observance of which the contractual partner may regularly rely on, and the breach of which on the other hand endangers the achievement of the purpose of the contract. It shall not apply to damages resulting from injury to life, body or health if VISARIGHT is responsible for the breach of duty. Furthermore, the limitation shall not apply to damages which are based on the absence of a warranted characteristic or for which liability is provided in accordance with the Produkthaftungsgesetz (German Product Liability Act).
14.3 In the event of a claim for damages for the slightly negligent breach of material contractual obligations and in the event of a grossly negligent breach of secondary contractual obligations, liability shall be limited to the foreseeable damage typical for the contract. This shall not apply in cases of personal injury, damage based on the absence of a warranted characteristic or for which liability is provided under the Produkthaftungsgesetz (German Product Liability Act).
14.4 VISARIGHT shall not be liable for the services provided by the partner firm. 15. Duration, Termination of the User Agreement
15.1 The user relationship shall run for an indefinite period and may be terminated by either party at any time with one month's notice to the end of the month. Both parties reserve the right to terminate the contract without notice for good cause. Each termination requires the text form of § 126b BGB, i.e. at least one e-mail. We reserve the right to provide our users with further options for terminating the contract.
15.2 After termination of the contract your user account including the corresponding contents will be deleted. Contributions and/or reviews posted by you may, however, remain accessible on VISARIGHT.
15.3 If data, documents or other information is available in your user account, you are obliged in the event of termination to secure this data for your own purposes. After the expiry of the period of notice, the data will be deleted unless we are obliged by law to store the data. Even in the event of extraordinary termination, the data will be kept ready for you for the duration of the regular period of notice in order to enable you to back up your data, unless this is unreasonable for us.
15.4 If we have blocked your user account or declared the extraordinary termination to you, you may not re-register with VISARIGHT without our explicit consent. 16 Money-back Guarantee
16.1 If the application for a visa submitted by you has been rejected despite a positive "Eligibility Check", we will refund the full amount of the payments made to VISARIGHT for this purpose (with the exception of official fees).
16.2 The following conditions shall apply to VISARIGHT's money-back guarantee:
1. Your information on the visa application form was accurate and complete.
2. The enclosed application documents were complete and those that we had examined and approved for submission.
3. No later than 14 days before the application for the visa was submitted to the competent authority, you have carried out an "Eligibility Check" via the VISARIGHT platform with the same information and documents and the result of the "Eligibility Check" on the VISARIGHT platform was positive.
4. The application was submitted in good time and you met the deadlines and deadlines for the application procedure.
5. The guarantee must be asserted in writing by post or e-mail within 14 days of the rejection of the visa application. The date of notification of the rejection notice is decisive for the start of the 14-day guarantee period.
6. A copy/scan of the notice of rejection must be enclosed.
7. VISARIGHT shall reimburse the full amount of the payments made to VISARIGHT for carrying out the "Eligibility Check" (Item 3). The official fees paid for the application procedure shall not be refunded by VISARIGHT.
8. The reimbursement claim pursuant to Clause 7 shall become due as soon as the notice of rejection has become final and absolute. VISARIGHT shall be entitled to make the reimbursement in advance. The refund will be made via your original means of payment.
9. VISARIGHT reserves the right to offer to assist you in taking action against the refusal.
16.3 We will usually contact you within 3 working days of you claiming the warranty.
17 Amendments to the GTC
17.1 We reserve the right to amend these GTC at any time and without giving reasons. The new GTC will be sent to you by e-mail. The new GTC shall be deemed to have been agreed if you do not object to their validity within 14 days of receipt of the e-mail. The objection requires the text form. We will inform you separately in the e-mail about the possibility of objection, the deadline and the consequences of your inaction. If you object, each party has the right to terminate the user agreement as provided in section 13.
17.2 However, the possibility of amending the GTC does not exist for amendments that restrict the content and scope of VISARIGHT's core usage options to your disadvantage, nor for the introduction of new obligations for you that were not previously laid down in the GTC.
18. Legal Notice Regarding the Content of the Websites
The contents of VISARIGHT's websites are created and updated with great economic effort. The contents of VISARIGHT's websites may only be used for the user's own information purposes. Any further use of the contents or linking to the contents for commercial purposes is not permitted. Irrespective of the legal protectability, this applies in particular to VISARIGHT trademarks, articles, information, images, legal questions and answers as well as other information. The user acknowledges the aforementioned restrictions on the use of the contents of the VISARIGHT website.
19 Final Provisions, Dispute Resolution Procedure
19.1 The contractual relationship with the users shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the user has concluded the contract as a consumer, the mandatory consumer protection provisions applicable in the country in which the user has his habitual residence shall also apply, provided that these provide the user with further protection.
19.3 If one or more provisions of these GTC should be or become invalid, both the user agreement and the remaining GTC shall remain valid. The user and VISARIGHT undertake to replace the corresponding provision with provisions that correspond economically to the purpose of the contract.
19.4 Link to the OS platform pursuant to Article 14(1) of Regulation EU No 524/2013: http://ec.europa.eu/consumers/odr/
VISARIGHT is neither legally nor voluntarily obliged to participate in a dispute resolution procedure before a consumer arbitration body. VISARIGHT will endeavour to find a mutually acceptable solution with the user in the event of a dispute. Since arbitration boards are liable to pay costs, VISARIGHT will not participate in a dispute resolution procedure before a consumer arbitration board, even in the well-understood cost interest of the user.