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 60-62 Wilton Road, Victoria, London, SW1V 1DE, 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 Netherlands 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 willful 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 Portland House, Stag Place, Bressenden Place, London, SW1E 5BH by post.
