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Disclaimer
VF Services (UK) Limited
India Visa Application Centre
Terms and Conditions (including Disclaimer)
Dated 30th September 2008
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IMPORTANT NOTES:
VFS RECOMMENDS THAT YOU DO NOT PURCHASE TICKETS OR MAKE
BOOKINGS WHICH CANNOT BE CANCELLED WITHOUT COST PRIOR TO THE
ISSUANCE OF A VISA, EXCEPT WHERE IT IS A SPECIFIC REQUIREMENT
STATED AS PART OF THE VISA APPLICATION.
THESE TERMS CONTAIN A DISCLAIMER WHICH LIMITS OUR LIABILITY
TO OUR REFUND POLICY STATED BELOW.
EXCEPT WHERE COVERED BY OUR REFUND POLICY BELOW, FEES ARE
NOT REFUNDABLE AND ARE PAYABLE WHETHER OR NOT A VISA IS ULTIMATELY
GRANTED.
YOU ARE RESPONSIBLE FOR THE ACCURACY OF YOUR APPLICATION FORM,
AND IN CHECKING YOUR APPLICATION FORM WE DO NOT GUARANTEE
THAT WE WILL FIND ANY ERRORS, AND WE DO NOT VERIFY INFORMATION
YOU HAVE PROVIDED.
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Service Provider
The India 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
India Visa Application Centre, all visa applications you make, and
all enquiries you make for advice or information concerning Indian
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 India Visa Application Centre of VFS is the outsourced partner
of the High Commission of India (“HCIâ€Â) in the United Kingdom.
In this capacity, the India Visa Application Centre is responsible
for scheduling appointments, receipt of visa applications for travel
to India and visa fees, submission of applications at the High Commission
in London and Consulate General of India (“CGIâ€Â) in Birmingham
and Edinburgh, collecting the processed passports from the HCI/CGI,
and returning passports back to applicants.
Acceptance and Rejection of Applications
The assessment of visa applications is carried out by the High Commission
of India or its Consulates, and the grant or refusal of India visas
is at their sole discretion. The High Commission of India and the
CGI reserve 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.
EXCEPT WHERE COVERED IN OUR REFUND POLICY BELOW, 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 Indian
High Commission from time to time. HOWEVER, WHILST WE USE REASONABLE
CARE TO CHECK YOUR APPLICATION FORM FOR OBVIOUS ERRORS ON THE FACE
OF THE FORM, WE DO NOT GUARANTEE TO DETECT ERRORS WITH YOUR FORM,
AND WE DO NOT UNDERTAKE TO VERIFY ANY INFORMATION YOU PROVIDE, WHICH
YOU ARE RESPONSIBLE FOR ENSURING IS ACCURATE..
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 Indian High Commission and
Consulates.
The processing of your application is subject to the procedures
and timescales of the Indian High Commission and Consulates, 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 Indian Government.
Changes to Procedures and Fees
The procedures and fees of the Indian High Commission and Consulates
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
India 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.
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DISCLAIMER - PLEASE READ CAREFULLY
Except for the refund or reimbursements of fees
as stated in the section above, VFS excludes its liability
in connection with any visa applications, including
liability in or under contract, negligence, tort, statute
or otherwise howsoever, and including liability for
any delay or failure of VFS in handling or processing
visa applications, loss of or delay to passports and
other documents, delays involving the High Commission
of India or the CGI, 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, passport or other
documents between VFS and the High Commission or a Consulate
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 High
Commission of India or the CGI in assessing, granting
or refusing any visa application or for the grant or
rejection of any visa application.
No Liability for Wasted Costs and Expenses
VFS shall have no liability 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
an Indian 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.
VFS recommends that you do not purchase tickets or make
bookings which cannot be cancelled prior to the issuance
of a visa, except where it is a specific requirement
stated as part of the visa application, in which case
open tickets should be obtained.
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, consequential damages or any damages whatsoever
due to delay, misplacement, loss or damage of applications,
passports and other documents other than stated above.
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, or contract,
or business, profession, or other occupation as a result
of loss or damage of visa application, passport or documents.
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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 the United Kingdom.
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 the United Kingdom.
Complaints
Please address any complaints to the complaints department at 5
Lower Belgrave Street, London, SW1W 0NR by post
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