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Data Protection Notice
VF Services (UK) Limited Netherlands Visa
Application Centre Terms and Conditions
(including Disclaimer) Dated 29th August 2008
Service Provider
The Netherlands Visa Application Centre is a service provided by
VF Services (UK) Limited ("VFS"). Our corporate head office
is at 05 Lower Belgrave Street, Victoria, London SW1W 0NR, United
Kingdom.
Application Of These Terms
These terms and conditions govern your use of the services of the
Netherlands Visa Application Centre, all visa applications you make,
and all enquiries you make for advice or information concerning
Netherlands visas. Each applicant for a visa hereby accepts and
confirms that, prior to submitting a visa application, they have
read, understood and agreed to be bound by, without limitation or
qualification, all of these terms and conditions. No employee of
VFS has any authority whatsoever to change, amend, amplify or withdraw
any or all of these terms and conditions without prior written approval
from VFS.
No Cancellation Rights
Once you have submitted your application you will be taken to have
agreed that we may immediately commence processing you application
and providing any services. As a result you will not have any right
to cancel under The Consumer Protection (Distance Selling) Regulations
2000. This is because, under Regulation 13(1)(a), you lose your
right to cancel if you agree that we can start providing the services
within the cancellation period.
The Visa Application Service
Scope
The Netherlands Visa Application Centre of VFS is the outsourced
partner of the Embassy of the Kingdom of Netherlands ("Embassy")
in the United Kingdom. In this capacity, the Netherlands Visa Application
Centre is responsible for scheduling appointments, receipt of visa
applications for travel to the Netehrlands and visa fees, submission
of applications at the Embassy in London, collecting the processed
passports from the Embassy, and returning passports back to applicants.
Acceptance and Rejection of Applications
The assessment of visa applications is carried out by the Embassy,
and the grant or refusal of Netherlands visas is at their sole discretion.
The Embassy reserves the right to ask for further documentation
and information from the applicant, and to refuse any visa application.
The applicant must supply such further documents and information
if they wish their application to continue to be considered.
Fees
Fees stated are only valid on the day that they are quoted or provided
by us. If you decide to make your application on a later date, the
fees may change.
All costs of returning passports, visas and documents to you are
included in the final total fee based on information provided by
you and the delivery methods selected by you.
All fees must be received in full under the available payment options
as cleared funds for the application to be processed. If fees are
paid by cheque (or other negotiable instrument) then the payment
will not be considered to have been received until such cheque or
negotiable instrument has cleared. Fees are not refundable, and
in particular fees are payable whether or not a visa is ultimately
granted.
General Obligation
VFS will process all visa applications with reasonable care and
skill and in accordance with all procedures prescribed by the Embassy
from time to time
Applicant's Responsibility
It is the responsibility of all applicants to complete all applications
forms truthfully, to provide correct and accurate information and
documentation, to ensure that they have a valid passport, and on
receipt of visa to check the validity of the visa issued to ensure
that it covers the period of stay requested, the number or entries
required, and that it is valid for the purpose of the trip.
Processing Times
The processing times for visas are estimates only. These are based
on information and experience of the Embassy.
The processing of your application is subject to the procedures
and timescales of The Embassy, over which we have no control.
Advertising Material
Advertising material may be included along with passports or other
documents when they are returned to the applicant. If you do not
wish to receive any such advertising material, you should notify
VFS in advance at the time of submission of your visa application.
Please note that all advertising material accompanying the relevant
documents is provided by VFS, and does not have the endorsement
of the Dutch Government.
Changes to Procedures and Fees
The procedures and fees of the Embassy for the processing of visas
and related services are outside the control of VFS and subject
to change without prior notice. VFS does not accept responsibility
for any changes in procedures or fees and reserves the right to
pass on any increased fees.
Refund Policy
Refund of Visa Application Fee
If VFS is in breach of contract or negligent in relation to any
visa application submitted, resulting in the visa not being granted
or loss of applicants passport with valid visas, in each case, wherein
the applicant has to apply for a new passport or cannot travel to
the Netherlands at the times stated by the applicant in his/her
visa application, then VFS will refund to the applicant the amount
of the visa application fee only.
Loss or damage to passports and other travel documents
VFS takes every reasonable precaution while handling an applicant's
passport & documents, and if due to any breach of contract or
negligence on the part of VFS, the applicant's submitted passport
or documents are lost or damaged beyond a useable condition, then
VFS will pay to the applicant the amount of the fees charged by
the government of the applicant's home country, for the replacement
of the lost or damaged passport or other documents through their
normal replacement procedure, and VFS will assist the applicant
with the same within its capacity. Such payments will be made by
VFS to the applicant on the presentation of the payment receipt
issued by the government of their respective home country for the
replacement of such lost or damaged passport or documents.
DISCLAIMER - PLEASE READ CAREFULLY
Except for the refund or reimbursements of fees as stated in the
"Refund Policy" section above, VFS excludes its liability
in connection with any visa applications, including (without limitation)
liability in or under contract, negligence, tort, statute or otherwise
howsoever, and including (without limitation) liability for any
default, negligence, delay or failure of VFS in advising on, providing
information on, handling or processing visa applications, loss of
or delay to passports and other documents, delays involving the
Embassy, and rejections of visa applications for any reason. And
for the avoidance of doubt:-
No Liability for Incorrect Information
VFS shall have no liability for loss, delays or non-issuance of
any application arising from or in connection with (to include but
not restricted to) incomplete application forms, incorrectly or
falsely completed application forms, and inaccurate or incomplete
supporting documentation.
No Liability for Events Not In Our Control
VFS shall not be considered to be in breach of contract or negligent
or otherwise liable in any way for any delay or failure of any application
or loss, damage or delay to any passport or other documents due
to accident, theft, natural calamities (act of god) or any other
reason outside the control of, and not arising out of a wilful default
of, VFS, or for the loss or damage to any passport or other document
after it has been handed over to the applicant.
No Liability for Postal and Courier Service
VFS shall have no liability for any delays, or for loss of or damage
to any visa application, passport or other documents, caused by,
or occurring whilst any application, passport or document is in
the possession of, any third party postal or courier service, including
transportation of visa applications, passports or other documents
between VFS and the Embassy and when being returned by VFS to the
applicant.
No Liability for Assessment of Visa Applications
VFS is not involved in the process of assessment of visa applications,
or their grant or refusal, and shall not be liable or responsible
for any delay by the Embassy in assessing, granting or refusing
any visa application, or for the grant or rejection of any visa
application, or for the Embassy requesting further information from
the visa applicant.
No Liability for Wasted Costs and Expenses
VFS shall have no liability (including for breach of contract or
negligence) to any visa applicant, or any other person relying on
or benefiting from any visa application, for any commitment, cost
or expenditure incurred in reliance on or anticipation of receiving
a Netherlands visa, whether within a particular timescale or at
all, including but not limited to air travel, hotel, and other travel
and accommodation arrangements, and any other arrangements made.
General Exclusion of Loss and Damage
VFS shall have no liability to any visa applicant, or any other
person relying on or benefiting from any visa application, for any
direct, indirect, punitive, incidental, special, or consequential
damages or any damages whatsoever due to delay, misplacement, loss
or damage of applications, passports and other documents, or due
to negligence or breach of contract in connection with any visa
application or any advice or information given in relation to any
visa application.
VFS shall have no liability to any visa applicant or any other person
relying on or benefiting from any visa application for any loss
of profit, revenue, contract, opportunity or business, wasted expenditure,
additional expenditure, or any other business or occupation related
loss or damage, suffered or incurred as a result of delay, misplacement,
loss or damage of applications, passports or other documents, or
due to negligence or breach of contract in connection with any visa
application or any advice or information given in relation to any
visa application.
General
Third Party Rights
Nothing in these Terms and Conditions shall benefit or be enforceable
by any person other than the visa applicant, and the Contracts (Rights
of Third Parties) Act 1999 shall not apply.
Changes to these terms
VFS, in its sole discretion, may change, amend, cancel or withdraw
any or all of these terms and conditions at any time without any
prior notice.
Applicable Law
These terms and conditions and any visa applications shall be governed
and construed in accordance with the laws of England and Wales.
Any claims or disputes arising in relation to the services provided
by VFS to the applicant shall be subject to the exclusive jurisdiction
of the courts in England and Wales.
Complaints
Please address any complaints to the complaints department at 5
Lower Belgrave Street, London, SW1W 0NR by post.
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